logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2015.05.13 2015고단200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 21, 2008, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2008, and a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the resident support of the Daegu District Court on August 8, 201, respectively. On August 10, 201, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Ansan-dong branch on August 10, 201.

On March 3, 2015, at around 00:20, the Defendant driven C-Wurt-Wurt-Wurt-Wurk-Wur-Wur-Wurk-Wurk-Wurk-Wurk-Wurk-Wurk-Wurk-Wur-Wurk-Wurk-Wurk-Wurk-Wur-Wurk-Wurk-Wur-Wurk-Wur-Wurk

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records: Application of criminal records and other inquiry reports and investigation reports (report on confirmation of the same kind of records driving)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has reached the instant crime even though the same criminal records had been multiple times, the defendant's responsibility for the illegal act is not weak.

However, there are circumstances to consider the defendant, such as the fact that the defendant has repeatedly committed his mistake and again failed to drive under the influence of alcohol, and that he did not cause an accident due to the crime of this case.

In addition, the defendant's age, criminal records, character and conduct, environment, the circumstances of the crime of this case, and the circumstances after the crime are committed, etc., various conditions of sentencing as shown in the records and arguments of this case.

arrow