logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.09.25 2019고단3786
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On July 17, 2019, at around 00:10, the Defendant driven a camba while under the influence of alcohol leveling 0.153% of alcohol level without obtaining a driver’s license for driving a camba in the section from front of an influent restaurant to front of the same Gu from the Do to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes governing the main office;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is 4 times the driving force of driving without a license and driving force without license, and the external interest is concentrated in eradicating harmful effects of drinking and driving without license and driving driving. In full view of the fact that blood alcohol concentration exceeds the criteria for revocation of license, and that the traffic risk is likely to occur by driving with a large volume of traffic volume as well as the risk of repeating a crime, the imprisonment should be selected: Provided, That the sentence should be imposed on the following grounds: (a) there is no low risk discovered by driving without a license for drinking and driving without license for 15 years after 204; (b) the risk of a motorcycle falls compared to a motor vehicle; (c) the execution of the sentence is suspended after reducing the amount after taking into account the age and economic conditions of the accused; and (d) the strict management and supervision of the pre-service probation officer is necessary to prevent recidivism; and (c) the probation order should be imposed on the grounds above.

arrow