(영문) 대전지방법원 서산지원 2018.10.31 2018고단858

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2018.10.31 2018고단858

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution due to a violation of road traffic law in support of the Sungnam-gu Friwon, and on August 28, 2015, the Defendant was sentenced to a fine of 20 million won or more due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on August 28, 2015 and was sentenced to a fine of 20 million won or more due to a violation of road traffic law.

Nevertheless, on August 12, 2018, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of 0.222% without obtaining a driver's license from around 200 meters to the front road in the direction of about C from around 21:40 to around 3:0, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking, the statement report on the situation of the driver driving, the register of measuring instruments using drinking, and the register of driver's licenses;

1. Previous records: Application of criminal records, inquiry into criminal records, investigation reports (Attachment of the same and similar records of the suspect, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment as ordered shall be determined by taking into account all factors of sentencing specified in the arguments of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, circumstance after the crime, etc., such as the observation of protection and community service, community service, and the fact that a criminal record of the same kind of punishment for the reason of sentencing under Article 62-2 of the Criminal Act is several times and reflects

참조조문

유사 판례

-부산지방법원 동부지원 2018.10.18 2018고단1631

-대전지방법원 서산지원 2018.03.30 2017고정143

-대전지방법원 천안지원 2016.05.20 2016고단278

-대전지방법원 서산지원 2018.05.02 2018고단141

-전주지방법원 정읍지원 2017.03.16 2016고단612