logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.11.26 2015고단466
도로교통법위반(음주운전)
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 November 24, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Daegu District Court and racing support on November 24, 2008, and a fine of 4 million won for the same crime, etc. in the same court on September 2, 2010, and has been punished two or more times for a drunk driving.

Nevertheless, the Defendant, while under the influence of around 23:25 on May 8, 2015, driven a vehicle with approximately KRW 1 km B struth-free traffic volume on the front of the H&N on the roads in front of the H&N, Young-si, Young-si, Young-si, the Defendant was under the influence of alcohol of 0.180% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspected victim of violating the Road Traffic Act, notification on the control of drinking driving, and report on the situation of drinking driving and statement thereof;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of records of sound driving), and application of four copies of judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act for probation is that the defendant repeats the same kind of crime even though he/she had the record of punishment for drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

It is a favorable sentencing that the defendant has committed a crime, and that the defendant has no record of qualification suspension or more.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, shall be determined as ordered.

arrow