logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.09.04 2017고단564
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2006, the Defendant received a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Chuncheon District Court on August 17, 2006, and a fine of KRW 2 million for the same crime in the same court on February 16, 2016.

On May 26, 2017, at around 13:45, the Defendant driven a Bk-5 car without a driver’s license, from around 300 meters to the front day of the National Agricultural Cooperative of Chuncheon-ro 439, Chuncheon-ro, Chuncheon-ro, Chuncheon-ro, Chuncheon-ro, Chuncheon-ro, the 13:45 on May 26, 2017, while under the influence of alcohol concentration of blood 0.074%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relation, economic situation, circumstances before and after the crime, etc. under the grounds of sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: A person who had already been punished twice due to drinking and driving without a license for driving under the influence of alcohol is not subject to the quality of the crime; the degree of alcohol level is relatively low; the distance of driving is relatively short; the person who has already been punished for two times due to driving under the influence of alcohol; and there is no criminal record exceeding the fine due to the same kind of crime.

arrow