logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.10.12 2017고단1049
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

[criminal history] On May 23, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court (Daehan) and KRW 2 million for the same crime at the same court on April 6, 2017.

[2] Notwithstanding the fact that Defendant 1 was punished for drinking two or more times as above, Defendant 2 driven a motor vehicle of 200 meters away from the public parking lot for the bathing beach located in the north-gu, Dong-dong, Dong-dong, North Korean Port, to the coast of the north-gu and the road in front of the port customs office at the port, while under the influence of alcohol of 0.086% during blood transfusion on August 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

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

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the accused is divided by mistake; (b) the accused does not have any particular criminal record in addition to the fine; and and and (c) the sentencing conditions specified in the pleadings of this case, including the accused’s age, environment and sexual conduct, shall be determined as ordered by taking into account all the circumstances.

arrow