logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2017.09.29 2017고단245
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On January 12, 2017, the Defendant driven BHJ10T-7 Obaon at a distance of about 1.5 km from the front side of a juncule in the middle-speed road to the front side of 709-26 obaon in the same time, while under the influence of alcohol, without obtaining a bicycle for motor device at around 12:20 on January 12, 2017.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated BHJ10T-7 Orala, which was not covered by mandatory insurance, at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the occurrence of a traffic accident, a report on the detection of each driver involved in the driving, a report on the circumstances of the driver involved in the driving, a mandatory insurance inquiry, a ledger of driver's licenses, a response to a request for appraisal, an appraisal of alcohol

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 46 (8) of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has the same criminal records, and selects imprisonment with prison labor due to the high alcohol concentration in blood.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, family environment, frequency and frequency of driving without a license for drinking and without a license shall be determined by taking into account various circumstances, such as the circumstances after the crime, and the punishment as ordered.

arrow