logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2013.08.19 2013고단524
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On December 1, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Seogsan Branch of the Daejeon District Court, and on February 4, 2010, the same court was sentenced to imprisonment for six months or two years for a violation of the Road Traffic Act (driving) and sentenced to a suspended sentence on December 16, 2010, and on December 24, 2010, the said suspended sentence became final and conclusive on December 24, 2010, and the said suspended sentence was invalidated on June 30, 201 and the execution of each of the above suspended sentence was terminated on August 25, 201.

【Criminal Facts】

On July 12, 2013, the Defendant, who had been punished twice or more for the violation of the Road Traffic Act, was driving a E-Poter under the influence of alcohol concentration of 0.272% without obtaining a driver’s license from the front road of the Defendant’s residence in Seosan-si C around July 16, 2013 to the D apartment in Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the drinking driving control, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, personal identification and confinement status, summary order, and application of Acts and subordinate statutes of the judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraph 1 of Article 152 of the Road Traffic Act (a point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Although the Defendant had a variety of records of the same crime, he/she again committed the instant crime during the period of repeated crime despite the reason for sentencing Article 35 of the Criminal Act among repeated offenders.

The defendant's blood alcohol concentration is also reasonable.

Such circumstances are disadvantageous to them.

arrow