logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.13 2016고단3421
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 19, 2012, the Defendant is a person who violated the provisions on the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 4, 2013, and a fine of six million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 4, 2013.

【Criminal Facts】

On July 5, 2016, at around 22:20, the Defendant driven a B observer car in the state of alcohol alcohol concentration of about 0.078% without obtaining a driver’s license in the section of about 1km from the future ethyl road located in the Daegu Northern-gu, Daegu, and up to the front road of the revolving intersection, the Defendant driven a B observer car under the influence of alcohol concentration of about 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation not only has the record of being punished on several occasions due to drinking or non-licensed driving, but also, on September 18, 2014, the defendant was sentenced to two years due to a violation of the Road Traffic Act (unlicensed driving) and a crime of breach of trust in the Daegu District Court on October 18, 2014 and was sentenced to two years due to a suspended sentence, and was sentenced to a non-licensed driving during the suspended sentence on May 12, 2016, and was sentenced to a fine of three million won prior to the completion of the suspended sentence, while he was sentenced to a fine by the Daegu District Court on May 12, 2016.

However, the favorable circumstances of the defendant's late committing the crime, and the age, character and conduct, intelligence and environment of the defendant, as well as the motive and means of committing the crime.

arrow