logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.07.05 2018고단541
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 26, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law in the Daegu District Court's Sung Branch Branch of the Daegu District Court, and a summary order of KRW 3 million as a fine for the same crime in the Daegu District Court's Port Branch of the Republic of Korea on October 31, 2014.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on May 13, 2018, the Defendant driven B rocketing GL car from approximately 300 meters away from the road front of the mutually influorous restaurant located in the south-gu Gyeongdo at the port of port to the road front of the same Gu, while under the influence of alcohol level of 0.151% at around 22:30 on May 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to driving under drinking, it again leads to the instant crime, and consideration is given, such as the fact that the numerical value of alcohol level among the blood transfusion of this case is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow