logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.05.04 2016고단171
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 July 2, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in Daegu District Court racing support on July 2, 2008, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on August 14, 2014.

On March 5, 2016, the Defendant driven a B-learning car under the influence of alcohol of 0.101% with alcohol concentration of 0.101% in blood, without obtaining a driver's license from the front of the sports complex in the south-gu upstream-dong at the port of port to the front of the CNNel in the same sea route.

As a result, the Defendant did not obtain a driver’s license, and was in violation of Article 44(1) of the Road Traffic Act not less than twice, and driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act are contrary to the defendant's reasons for protection observation and attendance order, the punishment as ordered shall be determined by taking account of the defendant's drinking, driving records without license, and all factors of sentencing as shown in the argument of this case, such as the defendant's age and environment.

arrow