logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.12 2016고단1857
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2002, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court’s Gunsan Branch on July 3, 2002, and became final and conclusive on July 4, 200, upon receipt of the summary order of KRW 1.5 million for the same crime at the Daejeon District Court on June 4, 2004, and became final and conclusive on November 15, 2010, upon receipt of the summary order of KRW 2 million as an identical crime by the same court on November 15, 201, the summary order was issued on February 17, 201, and on June 27, 2016, the same court issued the summary order of KRW 2 million as the same crime.

On June 1, 2016, the Defendant driven B-be under the influence of alcohol content of 0.111% while under the influence of alcohol, without obtaining a driver’s license, from around 500 meters from a finite’s house near Dong-dong, Seo-gu, Daejeon to the roads of the same luminous change.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, a statement on the circumstances of the driver under driving under drinking, a statement on the details of crackdown and a written statement

1. A written inquiry of driver's license and an investigation report (Attachment to suspect's data on determination of driver's license);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order with previous records of drinking driving);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, despite the fact that the instant crime has been repeatedly committed, despite the fact that the crime was committed four times by the same type of crime, but the fact that it is found that the crime was committed and the fact of the crime was not recommitting, and the age, sex, environment, motive, means, result, etc.

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow