logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.07.14 2016고단337
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and on June 3, 2010, the Defendant was sentenced to a suspended sentence of two years with prison labor for a violation of road traffic law in the same court.

On May 5, 2016, the Defendant driven a motor device at a section of approximately 300 meters from the Sung-gu Pungpo-gu, Yanpo-gu, the Sungpo-si, the Mansan-si, the Masan-si, the Simpo-si, the Mansan-si, the Simpo-si, to the 749 front road, without obtaining a motor device bicycle license, while under the influence of 0.109% alcohol during blood.

As a result, the defendant has violated the prohibition of drinking without obtaining a motor device bicycle license at least twice, and has driven a motor vehicle under the influence of alcohol in violation of the above provision again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same final judgment, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment (Article 53 and 55(1)3 of the Criminal Act ( Taking into account all the conditions of sentencing, such as the age, sex, environment, circumstances of the crime, means and consequence, the circumstances after the crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow