logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2021.02.03 2020고단1570
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

Punishment of the crime

[Power of crime] On November 25, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[2] On November 16, 2020, the Defendant driven a DN-si car under the influence of alcohol leveling to approximately 0.047% of alcohol leveling from around 00:20 to around 00:20 to around 15km on the road in the north-gu, North-si, North-si, North-si, and the same city C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, inquiry into the results of regulating the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (the same type of crime records);

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, the choice of imprisonment (the consideration of the fact that the driving force of drinking alcohol has already been twice, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Taking into account that there is no record of punishment except twice the driving force for the reason of mitigation of the above amount);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow