logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.02.05 2020고단3178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 7, 2020, the Defendant was sentenced to a fine of KRW 3 million on October 19, 2020 due to a violation of Road Traffic Act (driving) in the support of the Daejeon District Court, Daejeon District Court on October 19, 202.

On August 10, 2020, the Defendant driven a non-registered two-wheeled vehicle owned by the Defendant who was not covered by mandatory insurance at approximately 2 km section from the north-gu, Seoan-gu, Seoan-gu to the front road of the same Gu without obtaining a motor motor bicycle driver's license, and at least 0.141% alcohol content during blood.

As a result, the Defendant passed the two-wheeled automobile without obtaining a bicycle driver's license for a motor device, and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown on the violation of the Traffic Act on roads (driving), the 112 report processing table, the notification of the results of the crackdown on the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, the copy of the usage register of the measuring instrument under the influence of alcohol, the photo

1. References to inquiries, such as criminal history, and the application of the judgment text;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving of alcohol"), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (referred to as "non-licensed driving"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, and the driving without a license, need to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The amount of alcohol concentration in the blood measured is not lower than 0.141%.

The Defendant also commits each of the crimes in this case in spite of the fact that he had been under the influence of drinking and driving without a license for six months or more.

arrow