logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.04.05 2012고합1363
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal power is issued by the Daegu District Court on August 21, 2012 a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 1,500,000 for a fine by the same court on June 9, 2010.

Criminal facts

On October 3, 2012, at around 01:40, the Defendant, without a car driver’s license, driven a Blus car at a section of approximately 500 meters from the frontmost street near Daegu-gu, Daegu-gu, to the frontmost street in the same Dong, while under the influence of alcohol content of 0.130%.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to an inquiry report, investigation report (Attachment to a copy of a summary order of the same kind of power), criminal record, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account that a person has no criminal records of the same kind in the last ten years other than those before the market);

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the circumstances and the fact that the defendant is against his/her will);

1. It shall be decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

arrow