(영문) 대구지방법원 서부지원 2018.12.11 2018고단1605

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2018.12.11 2018고단1605

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 25, 2013, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 3 million due to a violation of road traffic laws, etc., and on February 3, 2016, the Daegu District Court received a summary order of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic laws.

On May 17, 2018, at around 08:44, the Defendant driven CMF5 car under the influence of alcohol level of 0.103% while under the influence of alcohol level of 0.103% from the front side of the Defendant’s dwelling in Seo-gu, Seo-gu to the front side of the Daegu Seo-gu, Seo-gu, Seo-gu, Seo-gu.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking and non-licensed records), and statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant was punished several times for the crime of violating the Road Traffic Act and the crime of violating the Road Traffic Act (unlicensed driving) but again repeats the driving of the instant drinking and non-licensed driving, and that the amount of drinking water is high, it is necessary to strictly punish the defendant.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record exceeding the fine, the circumstances of the crime, and the record of the crime, the sentence is ordered as ordered.

참조조문

-형법 제40조

-형법 제50조

-형법 제62조 제1항

유사 판례

-대구지방법원 2017.09.25 2017고단3702

-대구지방법원 서부지원 2018.04.11 2017고단2017

-대구지방법원 2017.02.16 2016고단5569

-대구지방법원 서부지원 2017.02.02 2016고단2376

-대구지방법원 서부지원 2017.10.20 2017고단954