logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.02.10 2016고단3745
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 December 1, 2015, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic law (drinking driving) in the leisure support of a water source method source, and on November 21, 2008, the Defendant received a summary order of a fine of one million won or more for the same crime from the same court.

On November 21, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with B low-speed while under the influence of alcohol content 0.051%, from around the 200-meter section to the front road of the difficult flusium in the flusium Eup in the flusium flusium flusium in the flusium flusium flusium flusium flusium flusium flusium flusium

In the end, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of regulating drinking driving, and the register of driver's licenses;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

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 (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been aware of all the crimes in this case and has been subject to punishment twice due to drinking driving and one-time driving without a license, and that the driving of re-driving or non-licensed driving has reached a favorable condition: The fact that the defendant has no history of receiving punishment exceeding the fine, the fact that there is no history of receiving punishment exceeding the fine, and that the amount of alcohol concentration in blood is low; and

arrow