logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2020.04.22 2020고단168
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

【Criminal Power】 On September 1, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by the same court as a fine of one million won for a violation of the Road Traffic Act, a fine of one million won in the same court on January 2, 2009, a fine of one million won in the same court on April 18, 2013, and a violation of the Road Traffic Act or a violation of the Road Traffic Act.

On October 5, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the Young-gu District Court (Seoul District Court) on the following grounds: (a) on February 9, 2018, and the execution of the sentence was terminated.

【Criminal Administration” around 18:00 on January 8, 2020, the Defendant driven a Fpoter freight vehicle without obtaining a driver’s license with a blood alcohol concentration of about 1km from the front of the restaurant located in Nam-gu, Nam-gu, Seoul to the front of the E convenience store located in the same Gu.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence, report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to criminal records);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only high possibility of occurrence of accidents and risk of unauthorized driving, but also high criticism is possible in that the driver himself/herself knows it.

Defendant’s judgment.

arrow