logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.05.01 2013고단1005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 17, 2012, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on July 17, 2012; on September 18, 2012, the Seoul Southern District Court issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act; on March 19, 2013, the Seoul Southern District Court sentenced two years of suspension of execution for a year of imprisonment for a violation of the Road Traffic Act at the Seoul Southern District Court on March 27, 2013.

1. On February 22, 2013, the Defendant: (a) driven a cone Star car under the influence of alcohol content of 0.103% without obtaining a driver’s license at approximately 15km section from the front of a general restaurant in which the trade name in the Gangseo-gu Seoul Metropolitan Government is unknown, Gangseo-gu to the 49-4nd road in Guro-gu, Guro-gu; and (b) driven a cone Star car under the influence of alcohol content of 0.103%.

2. On March 21, 2013, at around 00:39, the Defendant driven Cone Star Sheet with a blood alcohol content of at least 0.144% while under the influence of alcohol without obtaining a driver’s license from around 203-dong, Yeongdeungpo-gu, Seoul, to the front road of the Ariman Water Purification Station located in 153-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each drinking driver, the report on his/her state of standing statement, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, summary orders and copies of written judgments, and application of Acts and subordinate statutes concerning investigation reports (verification reports on the date of confirmation);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

arrow