logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2014.11.27 2014고단1142
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On March 17, 2005, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act in the Daejeon District Court's branch on March 17, 2005, and on July 23, 2012, the same court issued a summary order of two million won or more for a violation of the Road Traffic Act.

On June 19, 2014, at around 22:00, the Defendant driven C Poter cargo without obtaining a driver's license for a 1km section from the Do in front of Asan City to the 55-lane 26-lane Do in the same city, and driving C Poter cargo under the influence of alcohol content of about 0.170%.

On September 23, 2014, the Defendant, around 2014, 203:26, driven C truck without obtaining a driver’s license in the section of about 1 Km from the vicinity of the Hyundai Home Town in the Gasan-si, Gasan-si to the Gasan-si, Gasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. D's self-written statements;

1. A report on the statement of the situation of a drinking driver, a traffic photograph, a record of the control of drinking driving, a driver's license register, CCTV video CD, and a report on the situation of unauthorized driving;

1. Previous records: Criminal records, inquiry reports, investigation reports (reports attached to the same criminal records, summary orders, etc.), summary orders, etc., and application of Acts and subordinate statutes to investigation reports (Binding of criminal records A in the same kind of criminal records);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1, and 43 of the same Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was punished several times by drinking or driving without a license from around 2000 to 2008; and (b) the Defendant was found to have been punished by a fine after being discovered as a drinking or driving without license in 2012 and 2013; and (c) the Defendant again was punished by a fine after being discovered as a drinking or driving without a license; and (d) the sentence is inevitable in view of the fact that the Defendant

arrow