logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2021.03.31 2020고단2257
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around September 22, 2020, the Defendant driven CW110WH Meba in a section of about 10 meters, while under the influence of alcohol with a maximum of 0.109% alcohol concentration in blood on the front side of Busan Suwon-gu B on September 1, 202.

2. The Defendant, in violation of the Road Traffic Act (unlicensed driving), driven the above Obane without obtaining a driver’s license from the time and place specified in paragraph (1).

Summary of Evidence

1. The defendant's legal statement D's statement that is made under the circumstances of the driver in charge;

1. Inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the licensing ledger;

1. Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Selection of a sentence under Articles 40 and 50 of the Criminal Act (the punishment for a violation of road traffic laws with heavy punishment)

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. Despite the fact that two times of sentencing grounds under Article 62-2 of the Criminal Act, the instant crime was committed again, and the drinking volume is high.

However, by comprehensively taking into account the fact that the defendant reflects, the same kind of power was both subject to a fine and there is no other criminal history, the details and distance of drinking driving, and all other circumstances revealed in the records and arguments of this case, the punishment shall be determined as ordered.

arrow