logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2013.09.27 2013고단861
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for up to seven months.

However, 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 April 30, 2009, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on April 30, 2009, and the judgment became final and conclusive around that time. On June 13, 201, the Defendant was sentenced to a fine of 2 million won due to the same crime from the Daejeon District Court's Incheon Branch Branch on the same day.

On January 6, 2013, at around 02:45, the Defendant driven a B B B-T car under the influence of alcohol concentration of 0.145% without a driver’s license on the section from the front road of the Seongbuk-gu Seongbuk-gu, Seocheon-gu, Seocheon-gu to the roads of the same Eup/Myeon from the roads of the 57-25 lender-ri to the roads of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. A report on the actual status of a host driver;

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

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;

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 of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and community service order and lecture order under Article 62-2 of the Criminal Act are imposed when considering the fact that the defendant had been punished several times for the same crime, even though he/she had the record of punishment for the same crime, he/she again drives drinking of this case and driving without a license. However, the defendant has no criminal record other than the fine, and the defendant is against the law, etc., the punishment as the order shall

arrow