logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2016.01.27 2015고단259
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2012, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) in the Young-gu District Court Young-gu District Court’s Young-gu branch on December 21, 2012, a summary order of KRW 1,00,000 as a fine for the same crime from the same support on February 21, 2014, and a summary order of KRW 3 million as a fine for the same crime on December 17, 2012

1. On November 29, 2015, the Defendant violated the Road Traffic Act (driving) driving a car in Cro, while under the influence of alcohol content 0.057% in alcohol, on the part of the Dong located in the Ulsan-gun Eup Eup, Ulsan-gun, Ulsan-gun, with approximately 3km in front of the collection station in the Republic of Korea to the south of the Republic of Korea in the south of the same military, the Defendant was driving a car in Cro, while under the influence of alcohol content 0.057% in blood.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the said car without obtaining a driver’s license from the Defendant’s house located in the said temporary Ulsan-gun, to the front day of the said service, approximately KRW 9 km from the Defendant’s house located in the said temporary Ulsan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on detection of a driver at driving, a report on the circumstances of the driver at driving, inquiry of the results of crackdown on drinking, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (A) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Concurrent concurrence and selective punishment prescribed in Articles 40 and 50 of the Criminal Act (the punishment shall be punished by a punishment heavier than that provided for in a crime of violating the Transport Act concerning roads with heavy punishment, and the choice of imprisonment shall be imposed);

1. Article 62(1) of the Act on the Suspension of Execution (the Defendant had been punished three times due to drinking even before the instant case) of the Criminal Act (the Defendant had been punished on three occasions due to drinking driving, and the Defendant again drives the instant case before the end one year has passed, and the degree of illegality is heavy, but the amount of alcohol concentration in blood is not high, and the Defendant repents and reflects the crime of late drinking.

arrow