logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2018.10.25 2018고단304
도로교통법위반(음주운전)등
Text

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

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2018, the Defendant driven B-wing truck under the influence of alcohol content of 0.146% while under the influence of alcohol without obtaining a driver’s license from a distance of about 500 meters from the road in front of the market in Godo-ri, Namnam-do, Namnam-gun, Namnam-do, Seoul, to the end of the land in front of the 43 trillion Nam-gun, Namnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures places heavy risks to many people.

The Defendant again committed the instant crime even though he was given a severe warning of the risk of driving alcohol and driving without obtaining a license through a fine. At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high.

The defendant has a career of having received a suspended sentence twice by causing a traffic accident.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

There is no record that the defendant has been sentenced to punishment.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

arrow