logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.08.24 2017고단2804
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 06:08, driven Bho-do motor vehicle at a section of about 100 meters in front of the road at approximately 63 U.S., Seocheon-gu, Seocheon-si, Nowon-gu, Seoul, with a alcohol level of 0.093% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant had been punished twice due to drinking or non-licensed driving, but again, he/she had been engaged in driving or non-licensed driving of the instant case, and thus, it is necessary to strictly punish the Defendant.

However, in consideration of all the circumstances, such as the fact that the defendant acknowledges and reflects his/her mistake, drinking volume, driving distance, details of the crime, and criminal records, the decision is made as ordered.

arrow