logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2016.07.19 2016고단293
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 7, 2016, the Defendant driven C truck under the influence of alcohol content of approximately 0.077% from the front side of the Jin cafeteria to the front side of the salary class, which is located in the same side of the same side, without obtaining a driver’s license of a motor vehicle, at around 21:44, the Defendant driven C truck under the influence of alcohol content of about 1.5km from the front side of the Jin cafeteria to the front side of the salary class.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has several criminal records related to unlicensed and drinking driving; the defendant repeatedly commits the crime in a relatively short period of time; the defendant recognized the crime in this case; the defendant has no criminal history exceeding the fine due to drinking and driving without a license; the defendant has no record of punishment due to drinking and driving without a license; and in this case, the number of alcohol concentration in blood in this case is relatively high; and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as ordered, and the execution of the punishment shall be suspended only once.

arrow