logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.17 2019고단1798
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2002, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court on January 8, 2002, a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court on September 6, 2002, and a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court on October 25, 2002 at the Daejeon District Court on October 25, 2002, a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court on January 3, 2013, and a fine of KRW 5 million as a fine at the Daejeon District Court on August 7, 2018.

Criminal facts

On March 25, 2019, at around 02:40, the Defendant driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant violated the prohibition of drunk driving at least twice, and once again drives a car without obtaining a driver's license in the state of under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes of inquiry reports and investigation reports (a copy of summary order of the same-class electric case);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 152 (1) and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the amount of discretionary drinking is low, the fact that the person is the largest, and the drinking treatment program is undertaking for himself/herself);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order have been punished for drinking under Article 62-2 of the Criminal Code.

arrow