logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2021.03.03 2020고단1658
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Records] The Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act in the Port Support of the Daegu District Court of the Republic of Korea on August 7, 2017.

[2] On September 20, 2020, the Defendant driven a DK7 car at a 1k section of the road before the port of port, under the influence of alcohol content of 0.248% in blood around 01:15, the Defendant driven a DK7 car at the front of the port of port C located in the north-gu, Posi-gu, Posi, 370 under the same title, and the 1k section before the police box of port.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), notification of the results of crackdown on the driving of alcohol, and inquiry into the results of crackdown on the driving of alcohol (voluntary submission), seizure protocol (voluntary submission), list of seizure, request for blood appraisal, response to requests for appraisal, and appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (a) shall apply;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment (the fact that the blood alcohol concentration is very high in light of the fact that the blood alcohol concentration is very high);

1. Article 53 and Article 55(1)3 of the Criminal Act to reduce the amount of loss (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of punishment except for punishment with the record in the judgment);

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

arrow