logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.08.23 2018고단400
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, on March 26, 2008, received a summary order of KRW 700,000 from the Cheongju District Court on March 26, 2008 to a fine of KRW 300,000 for a violation of road traffic laws (drinking), from the Cheongju District Court on October 30, 209 to a fine of KRW 2.5 million for the same crime, and from November 4, 2016 to a fine of KRW 5 million for the same crime, respectively.

On February 9, 2018, the Defendant, without a driver’s license, driven a DNA car at a section of about 1 km from the front of the Cheongju-si B “C” food with approximately 0.153% alcohol content while under the influence of alcohol during blood without a driver’s license, to the front of the road from the front of the Cheongju-si B “C” food in the same Gu to the front of the road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Around 12:47 March 6, 2018, the Defendant driven a DNA car, one of the Defendant’s possession, without obtaining a driver’s license, from the street of the Cheongju-gu Tax Office located in 151, Chungcheongnam-gu, Chungcheongnam-do to the front of the E apartment.

Summary of Evidence

"2018 Highest 400"

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: One copy of each inquiry letter, such as criminal history, investigation report (Attachment to the same criminal record and summary order), summary order, etc.;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

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

1. The following circumstances for sentencing under Article 62-2 of the Criminal Act, and the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are committed.

arrow