(영문) 대구지방법원 서부지원 2018.11.14 2018고단1017

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2018.11.14 2018고단1017

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 1, 2015, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Seo-gu District Court Branch Branch of the Daegu District Court on April 1, 2015, and a summary order of KRW 3 million for the same crime from the Seo-gu District Court Branch of the Daegu District Court on April 3, 2017.

[2] On April 11, 2018, the Defendant driven a BSP car under the influence of alcohol content of approximately 0.066% from the 10km section to the front road of the “Annivem of the Southern River” apartment located in 633 Empha 63, an Eup Department of Daegu Singu, from the front side of the “temnient S Cmnis” apartment at the 6333m of Eup, to the front side of the “Annan River” road located in the 378 Singu, Seogu, Seo-gu, Singu.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

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;

1. Previous conviction in judgment: Application of Acts and subordinate statutes as a result of inquiry;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been already subject to criminal punishment for the same kind of crime over several times, and the defendant committed the crime of this case on the other hand, the fact that the defendant was committed by committing the crime of this case, the fact that the defendant has no record of committing the crime exceeding the fine, and other circumstances shown in the argument of this case including drinking values, driving distance.

참조조문

-형법 제62조 제1항

-형법 제62조의2

유사 판례

-대구지방법원 서부지원 2018.04.25 2017고단2226

-대구지방법원 서부지원 2018.04.27 2017고단2123

-대구지방법원 서부지원 2018.12.12 2018고단1496

-춘천지방법원 원주지원 2017.11.22 2017고단823

-대구지방법원 서부지원 2018.09.12 2018고단602