logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.07.11 2019고단1284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] On June 26, 2009, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and on November 8, 2010, received a summary order of KRW 3 million for the same crime from the Seoul Central District Court, and on August 10, 2016, received a summary order of KRW 5 million for the same crime from the Jung District Court as a fine.

【Criminal Facts】

On March 17, 2019, at around 23:10, the Defendant driven a e-car with low alcohol level of 0.142% while under the influence of alcohol without obtaining a driver's license from around 300 meters around the C store near Kimpo-si, Kimpo-si, to the front road of the same city D.

Accordingly, the Defendant, who had a drunk driving twice or more, once again driven a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the situation of driving with a driving without a driving, inquiry into the results of the control of drinking, report on the situation of a driver with a driving

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of copies of summary order Acts and subordinate statutes;

1. Article 148-2 (1) and (1) and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act has been sentenced to three times a fine due to the same kind of alcohol driving force to the defendant, considering the circumstances unfavorable to the defendant, such as the fact that the defendant is considerably high by 0.142% a blood alcohol concentration, and reflects it, and has no criminal record exceeding a fine, considering the favorable circumstances.

arrow