logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.09.21 2016고단625
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 10, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving), and KRW 5 million as a fine for a violation of the Road Traffic Act from the Daegu District Court Kimcheon on November 11, 2015, respectively.

The Defendant, as seen above, was a person who violated the Road Traffic Act by driving two or more times of alcohol, and driving a balp car under the influence of alcohol with approximately 10km alcohol concentration of about 0.150% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the 10km section from the front of a restaurant to the front of a Gu-U.S. L. 365 salt shop in the Gu-U.S. Sin-si around May 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. A report on internal investigation (with regard to the details of receipt of the report, the arrival of the site, etc.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions and results of investigation);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act: The Defendant committed the instant crime even if he/she was punished twice due to drinking, and the amount of alcohol concentration in the blood at the time is very high to 0.150%, which are favorable to the conclusion that the crime is inferior and the risk of recidivism is high: The Defendant is recognized and against the instant crime; and the Defendant is suspended from driving.

arrow