logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2015.06.04 2015고단25
자동차불법사용등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2014, at around 15:30 on December 3, 2014, the Defendant illegally used a motor vehicle: (a) reported that the key to a cargo vehicle owned by the victim who was set up in the area without the consent of the victim D was posted in front of E, operated by the victim D, Chungcheongnam-gun, Chungcheongnam-gun, Cheongbuk-gun, and used it temporarily.

2. From the above date, at around 15:30 on the same day from the above place, the Defendant driven a f1 ton of freight in the state of alcohol alcohol concentration of about 0.230% in the 5km section near the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on occurrence of traffic accidents, reports on the results of the control of drinking driving, and reports on the state of drinking driving;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The criminal defendant shall be sentenced to imprisonment with prison labor in consideration of the fact that the defendant's blood alcohol concentration and alcohol concentration are very high for the reason of sentencing under Article 62 (1) of the Criminal Act and that an accident occurs while driving under the influence of alcohol without the consent of the victim and causes property damage;

However, the execution of the sentence shall be suspended only once, considering the fact that the defendant has no record of being sentenced to a suspended sentence or higher, and committed the crime of this case by contingently in the whole period, and that he/she was hospitalized in alcohol treatment ward after the crime of this case.

arrow