logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.06.11 2015고단1210
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 15, 2009, the Defendant was issued a summary order of KRW 5 million by the Daejeon District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and a summary order of KRW 3 million by the same court on November 25, 2013 (driving under the influence of alcohol).

On February 25, 2015, at around 22:00, the Defendant driven a CM7 car owned in his name under the influence of alcohol concentration of 0.070% without a driver’s license on the section of approximately 2km from the front day of the Korean national car in the Daejeon Seodong-dong, Daejeon Seodong-gu, to the front day of the Dong Honamnam-nam Highway, Nan Highway, Nannam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports, and summary orders;

1. As to the criminal facts, the applicable provisions of Article 148-2 (1) 1 of the Road Traffic Act stated in the indictment under Article 148-2 (1) 1 of the Road Traffic Act clearly stated in the applicable provisions of Article 148-2 (2) 1 of the Road Traffic Act was correct ex officio as there is no apparent error in writing and there is no impediment to guaranteeing the defendant's right to defense.

Article 4(1)(A) of the Road Traffic Act, Article 152 subparag. 1, and Article 43(a) of the Road Traffic Act

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act shall be considered three times a fine of the same kind for the reason of sentencing, the motive and circumstances leading to the crime, the family relationship of the defendant, etc.;

arrow