logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2020.04.22 2020고단180
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On April 6, 2016, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, in the port support of the Daegu District Court.

On December 14, 2019, around 01:48, the Defendant driven approximately 1 km in front of the same city's counter c apartment house in the vicinity of Sungwon-si, Changwon-si, Sungwon-si, with a blood alcohol concentration of 0.162% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Criminal place, report on the statement of the situation of the driver, and report on the status of the employment;

1. Report on internal investigation (report on conducting domestic investigation at the site), investigation report (Attachment to details of settlement of accommodation expenses);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and lecture attendance order shall be taken into account the degree of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, the frequency of punishment for drunk driving, the frequency of punishment, the reflectivity of the accused, etc.

arrow