logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.09.26 2013고단2774
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 16, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on July 16, 2008, and was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court on January 4, 201, and was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving). On October 6, 2011, the Defendant was sentenced to imprisonment of 1 year and 6 months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Ansan District Court's Ansan Branch on October 14, 2011, and the judgment became final and conclusive on October 14, 2011.

On April 6, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, was driving a Cknife vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 200 meters from the vicinity of the customary market in Yeonsu-gu Incheon Metropolitan City (Seoul) to the front day of the training class session in the same 425.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (case detailed inquiry and attachment of judgment);

1. Relevant statutory driving for a crime: Points of driving without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act due to a more severe punishment)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

arrow