logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2015.09.10 2015고단549
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 February 18, 2008, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on February 18, 2008, a summary order of KRW 2.5 million for the same crime in the same court on September 1, 2010, and a summary order of KRW 3 million for the same crime in the same court on April 11, 201, respectively.

On June 27, 2015, while the Defendant was under the influence of 0.063% of blood alcohol level around 21:37, the Defendant operated approximately 6 km from the road front of Schlage, where it is impossible to find out the trade name in the south-gu Gyeong-gu Gyeong-ro 23 at the port of distribution of the freight vehicle B at the port of the port, to the road front the Gocheon-ro 23, Ocheon-gu Dacheon-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been punished for drunk driving three times and is favorable to the fact that there are other records of punishment: The fact that the defendant does not cause a traffic accident due to a simple drinking driving, the fact that the drinking alcohol level is not relatively high, the fact that there is no record of punishment exceeding the fine, and the fact that the defendant is against the mistake;

arrow