(영문) 대구지방법원 2020.05.13 2019고단6572

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 2020.05.13 2019고단6572

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

On March 7, 2008, the defendant was notified of a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Daegu District Court on March 7, 2008.

On December 2, 2019, at around 22:25, the Defendant driven a ENAS car while under the influence of alcohol 0.103% in the section of about 300 meters from the Do near Daegu Northern-gu to the front road D in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation of the Criminal Act requires a strict warning to prevent recidivism when comprehensively considering the fact that the control standard and statutory punishment are significantly strengthened after the implementation of the current Road Traffic Act, and that the blood alcohol level exceeds the revocation standard, despite the fact that there was a history of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Act on Probation, the execution of the punishment shall be suspended by taking into account the fact that there was no record of punishment except for the criminal record of the first head in the judgment, that there was no record of punishment except for the criminal record of the first head in the judgment, that there was a need for strict supervision and supervision of the probation officer of the line to prevent the risk of recidivism, and thus, probation should be imposed. It is so decided as per Disposition on the grounds above.

참조조문

유사 판례

-대구지방법원 2019.12.04 2019고단5476

-대구지방법원 2020.09.23 2020고단4250

-대구지방법원 2020.01.22 2019고단5801

-대구지방법원 2019.10.23 2019고단4237

-대구지방법원 2020.04.22 2020고단652