logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2020.11.20 2020고단1259
도로교통법위반(음주운전)등
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

Criminal facts

【Criminal Power】 On August 8, 2014, the Defendant was sentenced to a fine of KRW 3 million in the Daegu Port Support as a crime of violation of the Road Traffic Act in the Daegu Port Support, and a fine of KRW 2.5 million in the same court on October 1, 2018, and a fine of KRW 2.5 million in the same court on October 1, 2018.

【Criminal Administration” around 19:47 on August 10, 2020, the Defendant driven B Poter II vehicle in the front of the 69-1 “BS Youth Center” (BBS Juvenile Center, No. 66-10, e.g., the 28 North-Gu, North-gu, North-ro, North-ro 28, North-ro 30,000, without a vehicle driver’s license, while under the influence of alcohol content of 0.060%.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspected victims of violating the Road Traffic Act (license for driving and non-license for driving), report on the state of their driving, report on the control of drinking and driving, report on the register of driver's licenses for motor vehicles;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. While the degree of blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act is not high for probation, community service, and lecture attendance order, it is limited to driving without license, this is the second driver without license, and in particular, the second driver without license in 2018, which is the second driver without license, and in particular, the second driver without license in 2018.

arrow