logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2021.02.03 2020고단1576
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

【Criminal Records of Crimes】 On September 11, 2018, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court.

【Criminal facts】 On November 13, 2020, the Defendant driven a vehicle E-7 vehicle under the influence of alcohol with approximately 4km alcohol content of about 0.155% from the 4km section from the front of the convenience store located in Nam-gu, Southern-si, Chungcheongnam-si, Seoul-si, to the front road located in the same Gu C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving under drinking, report on the results of crackdown on driving under drinking, report on the situation of the driver under driving under drinking, investigation report (report on the situation of the driver under driving under drinking), report on internal investigation, and on-site photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (Attachment of judgment on driving alcohol), and a copy of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of imprisonment (in consideration of the fact that the blood alcohol concentration is high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration that there is no record of punishment, except the records

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow