logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.03.23 2015고단1494
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 April 4, 2014, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on April 30, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon support on April 30, 2015.

On November 08, 2015, at around 23:58, the Defendant driven C Poter Cargo Vehicles with approximately 1km alcohol concentration of about 0.115% without obtaining a driver’s license from the front of the funeral hall in the Gu, Nowon-si from the front of the funeral hall in the Gu, Nowon-si to the industry next to the Gu, Nowon-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 driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s age, occupation, sex, environment, circumstances before and after the instant crime, etc. shall be determined by comprehensively taking into account all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, etc.

It is difficult to prevent re-offending by a fine, such as drinking, driving without a license, etc., even after being sentenced to a fine on three occasions or one time due to driving without a license, even though it is sentenced to a fine.

judgment

arrow