logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2014.11.28 2014고단1548
도로교통법위반(음주운전)등
Text

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

1. On October 10, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at the Daegu District Court, which was sentenced to a fine of one million won for the same crime on April 22, 2013, and sentenced to a fine of one million won for the same crime on April 22, 2013, and on May 27, 2014, the same court was sentenced to a fine of eight million won for the same crime, etc. on three occasions.

On September 18, 2014, at around 22:10, the Defendant driven C cargo vehicle while under the influence of alcohol content of 0.126% without obtaining a driver's license in the section of approximately 30 meters prior to the Doseong-ri Center of the Dosung-gun, Seongbuk-gun, the Defendant driven C cargo vehicle while under the influence of alcohol content of 0.126%.

Therefore, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle without obtaining a driver's license in the state of drunk in violation of the above provision.

2. No person shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above C Poter freight without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Inspection of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts; Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Confession under Article 62(1) of the Criminal Act, confession, reflectivity, and probation;

arrow