logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.07.06 2018고단512
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving), on June 12, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving) in the leisure support by the source of the water source method. On February 7, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving) in the drinking support by the source of the water source method.

On June 1, 2018, the Defendant driven a Bribe under the influence of alcohol concentration of 0.074% in blood without obtaining a driver’s license from the front of the plate 3 lives located in the inn city of Scriju to the front road of the 463 mar-ro, Scri-si, Scriju to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes, such as a report of investigation (verification of previous history), summary order, two copies of summary order, and the application of judgment text;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier 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. The frequency and degree of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the drinking value, driving distance, etc. of orders to provide community service and attend lectures shall be considered disadvantageous circumstances.

However, it shall be considered in favorable circumstances, such as the fact that the driver is dead and reflect, and the fact that the driver does not drive drinking again, etc.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

arrow