logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.14 2016고단1746
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, the Defendant driven a CNS car under the influence of alcohol level of about 0.133% while under the influence of alcohol level, without obtaining a driver’s license, from the front of a restaurant where it is impossible to know the trade name in the king-dong at the king-si, the head of the Defendant, from the front of the restaurant where it is impossible to view, to the front of the 35km-gun, in the common use of the Gumsium located in the front of the Gumsium-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and attending lectures - Three times a previous conviction of a fine for the same kind of crime and a fine for a violation of traffic laws, and four times a fine on January 11, 2016 due to drinking, the driving of a fine on January 11, 201 and again commits the same crime within a short period of time, and the degree of driving at home (0.13% a alcohol level in blood): The circumstances favorable to the defendant: the strong reflectness, the absence of a previous conviction of the same kind of crime in the suspension of execution, and the elderly suffering from dementia and kidney diseases, etc. - The comprehensive contents of other conditions for sentencing under Article 51 of the Criminal Act;

arrow