logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.08.18 2016고단723
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 22, 2010, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic laws in the port branch of the Daegu District Court, and on November 18, 2013, the Defendant was issued a fine of eight million won by the same court as a crime of violation of road traffic laws.

Although the Defendant had the aforementioned two or more drinking driving skills, on May 4, 2016, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.165% while under the influence of alcohol while under the influence of alcohol leveling 0.165%, without obtaining a driver’s license from the front day of a drinking house in which the name in the south-gu Sincheon-gu Incheon Metropolitan City’s organization cannot be known at the time of the port on May 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the judgment attached to the same type of crime record);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. There are extenuating circumstances, such as the mere drinking of the reason for sentencing, the fact that the driver did not cause a traffic accident by driving without a license, and the fact that the mistake is against the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 and 55(1)3 (see, e.,

However, the defendant has been sentenced to a suspended sentence and a suspended sentence due to drinking, a non-licensed driving, and has been sentenced to a fine on one occasion by only one occasion of suspended sentence, five times of a fine, and only one fine for driving under the influence of alcohol, and the amount of drinking is high, even though it has been committed by other types of crimes.

arrow