logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.11.03 2016고단1129
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 power] On August 16, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court’s port branch on August 16, 2012; a summary order of KRW 7 million for the same crime in the same court on May 1, 2013; and a summary order of KRW 6 million for the same crime in the same court on January 22, 2014.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act more than twice as above, around 06:10 on August 7, 2016, the Defendant driven a B Eccoo vehicle under the influence of alcohol concentration of 0.150% from the sand beach sand president to the entrance of sand president at the north-gu coast at the port of tidal port to the north-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, and a report and an appraisal request made by a host driver;

1. Recording of the control site;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and statutes, such as criminal records;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Consideration of various factors of sentencing recorded in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after committing the crime, other than each of the above circumstances, including the fact that drinking alcohol is high, the fact that there was no record of punishment four times due to the crime that includes drinking driving, including the punishment, and the fact that driving distance is very short, and the driving distance is contrary to mistake;

arrow