logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2013.07.31 2013고단431
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 30, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for larceny or violation of the Road Traffic Act (unlicensed Driving) in the Daejeon District Court's Hongsung Branch on April 30, 2009, and was released on November 30, 2009 during the execution of the sentence, and the parole period passed on February 8, 2010.

On March 29, 2010, the Defendant, one of the 21:35 Bocheon-si, was driving a Chon truck with a blood alcohol level of about 100 meters, without obtaining a driver’s license, from the 100-meter section from the front day of the Mar. 29, 2010 to the Mexico in the same Dong, while under the influence of alcohol level of 0.064%.

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. The driver's license ledger;

1. An inquiry into the enemy (C);

1. Previous records of judgment: Criminal records and other data, reporting on confirmation of release from prison, and application of Acts and subordinate statutes to investigation reports (a copy of the same type of judgment attached);

1. Subparagraph 1 of Article 148-2, Article 44(1) (a) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201), Article 152 Subparag. 1, and Article 43 for the crime at issue;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the Defendant has been sentenced to a fine, suspension of execution and punishment due to a violation of the Road Traffic Act of the same kind and driving under the influence of alcohol, etc. on seven occasions, but the Defendant committed the instant crime within the repeated crime period. Furthermore, considering the fact that the Defendant, after committing the crime, was arrested under a warrant of arrest, and the circumstance after committing the crime is not good, it is inevitable to choose a sentence of imprisonment against the Defendant.

However, the defendant does not drive the same kind of motor vehicle again due to the sale of the above motor vehicle, etc., and the defendant is the defendant.

arrow