logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2016.08.11 2016고단94
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2014, the Defendant was notified of a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 8, 2014, and on August 27, 2015, the Defendant was punished for drinking driving on two occasions by being notified of a summary order of KRW 4 million for the same crime, etc. in the same court on August 27, 2015.

On June 6, 2016, the Defendant was under the influence of alcohol content of 0.068% among blood transfusions, and without a driver’s license, driven a vehicle of approximately 50 meters away from the 50-meter section from the amsco troke road located in the south-gu Sea-do, Southern-do, Chungcheongnam-do without a driver’s license to the amsco troke road located in the same Dong.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, a statement on the circumstances of the driver of alcohol, and a report on the circumstances of the driving;

1. The driver's license ledger;

1. Records of the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal records of the same kind) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, which is disadvantageous to the grounds for sentencing, - The defendant has been punished by a fine twice for the same crime.

The defendant recognized his mistake and reflects his mistake.

In addition, in consideration of the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

arrow