logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.03 2017고단8256
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 14, 2017, while under the influence of alcohol level of 0.145% among blood transfusion, the Defendant driven a C SP car at the section of about 200 meters from the front of the BFE and the BFE in Korea to the front of the movable church in his/her possession, without obtaining a driver’s license, in the influence of alcohol level of 0.145%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Notification of the results of regulating the driving of alcohol and the application of all electronic outputs, such as the personal history and the ledger of the driver's license of suspects;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Circumstances favorable to the defendant for sentencing selective sentencing of imprisonment with prison labor are as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

As the defendant works as a medical care protection doctor, social ties seems to be clear.

Circumstances unfavorable to the defendant are as follows:

The defendant, while driving a drinking or non-licensed driving, caused an accident that is caused by the salary at the low level boundary.

Although the Defendant was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act and a special intimidation in 2016, the Defendant committed the instant crime again during the suspended sentence period (the period of suspended sentence has expired), even though he/she was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act and a crime of special intimidation while driving at around 2003 and around 2013, the Defendant was sentenced to a fine due to drinking at around 201, and the Defendant committed the instant crime again during the suspended sentence period (the period of suspended sentence has expired). In addition, considering the above circumstances, the Defendant’s age, sexual behavior, career, environment, background and consequence of the crime, and all of the sentencing conditions specified in the instant case, such as the circumstances after the crime, the sentence is inevitable, and thus, the Defendant shall be sentenced to

arrow