logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2016.12.08 2016고단626
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 power] On July 8, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court racing support on July 8, 2013, and a fine of KRW 6 million for a violation of the Road Traffic Act (driving on December 12, 2014), respectively, on December 12, 2014.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, on August 22, 2016, at around 19:25, the Defendant driven D class III cargo vehicle while under the influence of alcohol 0.144% without a driver’s license, while driving a felo apartment in front of the felo apartment located in the Dongcheon-dong, Dongcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of suspects in violation of the Road Traffic Act, report on the circumstances of a drinking driver, notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and criminal investigation reports (Attachment to the previous and summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (number of extenuating circumstances, including the fact that the defendant has committed a crime that exceeds the fine, has no power to commit a crime that exceeds the fine, and has old age) by putting his mistake in depth;

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

arrow