logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.29 2017고단1423
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and on March 9, 2012, the Defendant violated the duty of prohibition of driving under the influence of alcohol at least twice by receiving a summary order of KRW 7 million due to a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch on March 9, 2012.

On March 11, 2017, at around 23:00, the Defendant driven B rocketing car under the influence of alcohol content of about 0.141% while under the influence of alcohol without obtaining a driver’s license, from the front side of the cafeteria “mix by multiplying the mix by the mix of a line,” located in the boundary of the mix located in the mixan Eup located in the mix of the mixan-gu, Gyeongbuk-gun, Gyeongbuk-gun, Seoul, the same military branch to the front side of the mix “como restaurant” located in the mix of the mix.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the criminal history of the suspect) statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant is driving two times or more due to drinking, etc. and driving without license.

arrow