logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.07.06 2017고단387
도로교통법위반(음주운전)등
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 June 17, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court, and was sentenced to a summary order of KRW 3 million for a violation of road traffic law (drinking driving) on March 12, 2010. On December 2, 2016, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving) with the support of the Daegu District Court Kimcheon-cheon Branch on December 2, 2016.

Although the Defendant had been punished for drinking two or more times as above, at around 16:40 on February 14, 2017, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.096% in alcohol during blood without obtaining a driver’s license from the front day of the mutual influent restaurant in the Sung-si, Gosi-gu, Gosi-si, Gosi-si to the front day of the “Seoul-si Man-gu Man-gu Man-gu Man-gu Man-dong,” which is located in the Gu, Sinsi-si Man-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. Full consideration of the records of the same crime as indicated in the grounds for sentencing under Article 62-2 of the Criminal Act, the timing of the crime, the measurement of drinking of this case, the circumstances leading to the crime, and the reflection of the order to observe the protection and the order to attend a compliance driving order;

arrow