logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.11.13 2015고단448
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to a suspended sentence of two years for the following reasons: (a) on April 7, 2015, the Daejeon District Court rendered a summary order of KRW 5,000,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court.

On August 1, 2015, at around 14:45, the Defendant driven C Coin truck under the influence of alcohol with a blood alcohol concentration of 0.245% without obtaining a driver's license in the section of about 2 km from the front to the 387-2nd road in Seosan-si, Seosan-si.

Accordingly, the defendant, who committed a violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of a traffic accident, a report on actual condition, photographs of accident site, notification of the results of the control of drinking driving, report on the circumstantial statements of a drinking driver, and the register of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports prepared by police officers in charge of the prosecution (report accompanied by a copy of the same type of power unit summary order, etc.

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. The Defendant had already been subject to criminal punishment several times due to drinking driving, etc. on March 22, 2015, on the ground that he was sentenced to a fine of KRW 5,00,000 on April 7, 2015, on the ground that he had been under the influence of alcohol driving, driving without license, and driving without license, and thus, caused a traffic accident under the influence of telegraphs by leaving the road as stated in its reasoning.

arrow