logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.01.11 2017고단1456
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On May 30, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court (Daehan) and KRW 7 million for the same crime at the same court on June 17, 2016.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven a f-wing truck at a distance of about 100 meters from the 100 meters away from the f-wing line front of the f-wing line in the name of Daegu-gun under the influence of alcohol content of at least 0.054% without a driver’s license on November 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (Attachment to the same type of power), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.

arrow