logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2019.01.24 2018고단1058
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In the Daegu District Court on December 30, 2014, the defendant has a record of drinking driving at least twice by receiving a fine of one million won for a violation of the Road Traffic Act from the Daegu District Court Kimcheon Branch on December 30, 201, and a fine of three million won for a violation of the Road Traffic Act from the same court on November 19, 2015 and receiving a summary order of three million won for a violation of the Road Traffic Act.

On September 29, 2018, at around 22:40, the Defendant driven a Fluter car in the state of alcohol alcohol concentration of about 0.149% at the section of about 200 meters from the front road in the Gumi-si B to the Maurel road in Gumi-si D.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, report on the circumstantial statement of a drinking driver, inquiry report on the results of the control of drinking driving, report on the actual condition, and photographs;

1. Criminal history records, inquiry reports, investigation reports (verification of the same record as a suspect), and application of Acts and subordinate statutes of Part II of summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered is determined by comprehensively taking account of the following factors: (a) the recidivism committed even with the same criminal records as the sentencing of Article 62-2 of the Criminal Act; (b) the blood alcohol concentration level of the instant case is significant; (c) the blood alcohol concentration level is reflected; (d) there is no criminal record exceeding the fine; (e) the motive and circumstance of the crime; (e) the circumstances after the crime was committed; and (e)

arrow