logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2015.01.05 2014고단1901
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 17, 2008, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act, etc. at the Cheongju District Court Support on October 17, 2008. On July 3, 2008, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of the Road Traffic Act, etc. at the same support on July 3, 2008. On August 30, 2012, the Defendant was sentenced to a imprisonment of six months for a crime of violation of the Road Traffic Act at the Cheongju District Court Support on August 30, 2012.

On July 18, 2014, at around 18:40, the Defendant driven a c-wing truck under the influence of alcohol content of 0.228% without a vehicle driver’s license at a section of approximately 2km from the front side of the entrance of the Geumnam-gun, Young-gun, Sinnam-si, to the front side of the gold village.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report and investigation report, including criminal records;

1. A repeated offense committed in judgment: Application of criminal records, etc. and other inquiry reports, and the current status of personal identification and confinement (A) Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the defendant had been punished several times, including imprisonment with prison labor for drunk driving, even though the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following reason for sentencing) was committed again during the period of a repeated crime, a sentence on the defendant is inevitable.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated and determined as the order.

arrow