logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.05.23 2017고단218
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law in the support of the Daejeon District Court on March 2008, and was sentenced to six months of imprisonment with labor for a violation of road traffic law in the support of the Daejeon District Court on May 15, 2009. The defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law in the support of the Daejeon District Court.

[2] On March 14, 2017, the Defendant driven an unregistered 49 CC, which was not covered by the mandatory insurance without obtaining a motor device license from the front side of the 1400-ro 14000, Dogsan-si to the citizens of Bosan-si, to the 341-1 Maroro Maro Maro, from March 14, 2017, without obtaining a motor device license from around 300 meters to the 341-1 Maro Maro Maro Maro Maro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same type of judgment and attachment of summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant again committed the instant crime despite the fact that he/she had been punished several times due to the same kind of crime, such as punishment, suspension of execution, fine, etc., and that the defendant's blood alcohol concentration at the time of driving is very high, there are no unfavorable circumstances, such as the fact that the defendant recognized the mistake and reflects it, and that the defendant is the driver of Ortoba.

arrow