logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.12.16 2014고단4296 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 18, 2008, the Defendant received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Daejeon District Court on April 18, 2008, and a fine of KRW 7 million as a crime of violation of the Road Traffic Act at the same court on September 3, 2013.

【Criminal Facts】

On December 12, 2014, at around 00:45, the Defendant, without obtaining a driver’s license, driven a vehicle B with B, in the section of about 1km from the 1km distance in the Yongsan-gu Daejeon-gu, Daejeon to the road in front of the cafeteriam article cafeteria(s).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a judgment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation: The confession of this case by an investigative agency, the fact that there is no record of imprisonment or heavier punishment, etc.; the fact that a person has been punished by a fine several times due to the same kind of crime; the fact that the person is under drinking and unlicensed conditions; and other sentence, such as the defendant’s age, details of the crime: A decision shall be made as per the disposition for not less than six months;

arrow