logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.03.20 2014고단419
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2009, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act at the Daegu District Court on July 24, 2009, a fine of five million won as a crime of violation of the Road Traffic Act at the Daegu District Court on March 11, 2010, and a fine of two million won as a crime of violation of the Road Traffic Act at the Daegu District Court on October 2, 2013, in the Daegu District Court Kimcheon Branch on October 2, 2013, to a suspended sentence of two years.

On January 9, 2014, at around 20:45, the Defendant driven B Maz car while under the influence of alcohol content of about 0.077% without obtaining a driver’s license for a section of about 200 meters in front of “12-day screen golf in the same Ri” located in the Bupyeong-gu Seoul Metropolitan City, Chungcheongnam-do, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. License inquiry;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Attachment to previous records and copies of written judgments);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the Defendant’s crime; the fact that the blood alcohol concentration at the time was not high is favorable to the Defendant; however, the Defendant has been sentenced four times a fine by drinking, driving without a license, and two times a suspended sentence. In particular, considering the fact that the Daegu District Court was sentenced to two years a suspended sentence for 10 months for drinking driving, etc. in the Daegu District Court on October 2, 2013, and the Defendant committed the instant crime in the instant case, it is difficult to find that it was difficult to sentence the Defendant as a sentence because it was difficult to recognize the entirety of the sentence, considering the fact that the Defendant committed the instant crime as long as the said judgment was finalized

The age, character and conduct, intelligence and environment of defendants;

arrow