logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2020.09.09 2020고단91
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On June 8, 2010, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon-do branch on the charge of violation of the Road Traffic Act, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the resident support of the Daegu District Court on March 5, 2018 to the resident support of the Daegu District Court.

【Criminal Facts】

1. On December 3, 2019, at around 22:25, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.191% in the section of approximately 3km from the front of the Dong-si B apartment road to the front of the C apartment parking lot in the same city.

2. On December 14, 2019, at around 23:45, the Defendant driven a DNA car with a blood alcohol content of about 26 km from the section of approximately 26 km from the front of the F in Yacheon-gun E to the front road of the Hoam Tri-dong 630-5, Jeondong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place (case No. 2019-4994), the criminal place (case No. 2019-495), the arrest report of the case, the arrest report of the criminal place, the notification of the result of the crackdown on the drinking driving, the report on the situation of the drinking driver, the report on the investigation (report on the situation of the drinking driver), and the investigation report (Attachment to the report on the result of the crackdown on

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (report attached to similar judgments, etc.);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though the Defendant had been punished twice for the same kind of crime, committed the crime of drinking driving, and committed again the crime of drinking driving after about 10 days since the control of the above crime, and the Defendant committed the crime of drinking again after about 10 days. The Defendant’s degree of drinking at the time of each of the crimes of this case

(b).

arrow