logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.10.19 2017고단446
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On April 1, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law at the port branch of the Daegu District Court on April 1, 2008; on August 17, 2009, the same court issued a summary order of a fine of three million won for the same crime; on December 22, 2009, two years of imprisonment with prison labor for the same crime at the same court on December 16, 2012; on February 16, 2012, two years of the suspended sentence of six months; on July 4, 2013, at the Daegu District Court on July 2, 2015, to a fine of two million won for the same crime at the Daegu District Court on the same offense; and on October 22, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for each of the same crimes.

[Criminal facts]

1. On March 10, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a C Lasta car within a section of about 25 km from around 17:00 to around 25 km-do, Southern-gu, Chungcheongnam-do, and below the west-do, at port, without a driver’s license.

2. In spite of the fact that the Defendant was punished twice or more due to driving under the influence of alcohol as above, the Defendant driven C rocketing car with approximately 1 km alcohol concentration from the 1km section to the road in the south-gu west-do, the south-gu, Gyeongdo, on March 10, 2017, at around 23:00, while under the influence of alcohol content of about 0.108% without a driver’s license, from the 1km section to the road in the south-gu, west-gu, the south-gu, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. A previous conviction in judgment: The application of a reply to inquiry, each investigation reporting statute;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

arrow