logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.11.03 2016고단1898
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor for not more than two months and the remaining crimes for the violation of the Road Traffic Act of June 7, 2016.

Reasons

Punishment of the crime

【Criminal Power】 On July 28, 2014, the Defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch on July 28, 2014, and on October 27, 2015, the same court issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving). On June 3, 2016 at the same court, on June 3, 2016, the Defendant was sentenced to two years of suspended sentence for imprisonment for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on June 11, 2016.

【Criminal Facts】

1. Around 09:00 on July 17, 2016, the Defendant driven a C low alcohol level 0.082% under the influence of alcohol level 0.082% at the section of about 5km in front of the road in the Seogu-gu Yeidong, Seogu-gu, Seogu, Seo-gu, Seo-gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

2. The defendant violating the Road Traffic Act (unlicensed Driving) from June 7, 2016 to the same year, including driving of the above vehicle without a driver's license, at the same time and place as in the preceding paragraph.

8. Until June, 16, the said vehicle was driven without a driver’s license over a total of 55 times, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Investigation report (verification of the fact that a suspect has continued to drive without a license), replies, and official documents;

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of criminal records of a suspect, copies of written judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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; and

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

1. Imprisonment with prison labor for each choice of punishment;

arrow