logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2013.10.30 2013고단1221
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 13, 2006, the Defendant was sentenced to a fine of KRW 3 million on the grounds of a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site, and a fine of KRW 5 million at the same court on September 10, 2010, respectively.

【Criminal Facts】

On September 12, 2013, at around 22:35, the Defendant driven a car with a blood alcohol content of approximately 0.135% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 2 km in front of the main shop in the name of the central university, the old and old, and the old and old, the front of the main shop in front of the new and old, thereby driving a car with a blood alcohol content of approximately 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. A driver's license inquiry;

1. Division: An inquiry report on criminal records, etc., a report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (same-class electric power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant of the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education is that the Defendant committed the instant crime even though he had been punished three times due to drunk driving and four times due to unlicensed driving since 204, and that this case’s blood alcohol concentration is also high.

However, considering the fact that the defendant acknowledges and reflects the crime and that there is no criminal record exceeding the fine due to the same crime, the punishment as the order shall be determined by taking into account the various sentencing conditions shown in the record, and since the risk of recidivism is deemed to be serious, probation and the order to attend the course shall be

arrow