logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.12 2017고단197
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 1, 2010, the Defendant issued, at the Daejeon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and on January 7, 2015, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act.

On December 25, 2016, the Defendant, without obtaining a driver’s license in light of around 19:35 on December 25, 2016, driven a clock vehicle at approximately 5km in front of the Dong-dong of Daejeon Pungdong, under the influence of alcohol content of 0.096% during blood, from the front of the Dong-gu in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. On-site photographs;

1. Report of investigation (suspension of execution, confirmation of criminal records and attachment of judgment) and application of Acts and subordinate statutes as a result of inquiry;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the instant crime was committed without being aware of during the period of suspension of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that the criminal record of a fine due to driving under drinking reaches three times and that one time of the crimes was committed during the period of suspension of the execution of sentence, it is inevitable to sentence sentence, in consideration of the fact that the criminal record of a fine due to driving under drinking reaches three times, and

However, considering the favorable circumstances in which the defendant has divided and reflected the wrong facts, the punishment as ordered shall be determined in consideration of the age, sex, environment, etc. of the defendant, and all the sentencing conditions shown in the arguments in this case, such as the defendant's age, sex, and environment.

arrow