logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2018.09.12 2018고단484
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2011, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving) at the Daegu District Court and racing support, and on January 18, 2012, the Defendant was sentenced to a suspended sentence of two years for one year due to a violation of the Road Traffic Act (dacting driving) at the Daegu District Court and racing support.

1. On May 20, 2018, the Defendant: (a) driven a C-wing truck while under the influence of alcohol of about 2km from around 17:20 on the road of the race city to the road of about 8 GS S Ski, P-si, P-si; (b) around 17:20 on May 20, 201, while under the influence of alcohol of about 0.122%.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the C-wing and freight vehicle owned by the Defendant, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and inquiry of the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes concerning investigation reports (related to suspect drinking power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referred to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with labor, respectively;

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

1. Fully considering the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act and other conditions for sentencing, such as Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the sentence is ordered.

arrow