logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.26 2017고단144
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2017, the Defendant, while under the influence of alcohol content 0.113% during blood transfusion, driven a motor vehicle without obtaining a driver’s license. On January 3, 2017, the Defendant driven a motor vehicle of approximately 4 km in the section of B Spo-type in the front of the GS convenience store located in the same city, Jung-gu, Seocheon-dong, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking, the measurement photograph of drinking, and the statement of the situation of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture under Article 62-2 of the Criminal Act shall take into account the circumstances unfavorable to a person who has been sentenced to a fine once due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for the reason of sentencing.

It shall be considered in favor of the fact that the crime is recognized and reflected, and that there is no criminal conviction or more than suspended execution.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

arrow