logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.05.04 2018고단718
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 20, 2014, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon branch on March 20, 201, and a fine of KRW 3 million on November 24, 2015 by the same court as the same crime, and driving under the influence of alcohol at least twice.

On February 9, 2018, the Defendant, while under the influence of alcohol 0.097% during blood transfusion around 0.23:19, driven the C rocketing car at approximately 1km section from the front of the mutual influent restaurant located in the Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongnam-gun, to the roads of the same Eup/Myeon, after driving the C rocketing car at approximately 1km section.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the observation of protection, the order of community service and the order to attend a lecture, the fact that the defendant was punished for the same crime, the defendant's reflection, the fact that the defendant has no criminal record exceeding the fine, the defendant's age, sexual conduct, environment, motive and circumstances after the crime, etc., shall be determined as ordered by the sentence as shown in the order.

arrow