logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.11.11 2014고단1766
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 5, 2006, the Defendant was issued by the Seoul Northern District Court with a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving). On December 31, 2008, the Defendant was issued with a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court on December 31, 2008, and the records of the same crime are three times in total.

1. On July 7, 2014, the Defendant was under the influence of alcohol concentration of 0.168% on blood on July 20, 2014, the Defendant driven a non-registered caton in the section of approximately 300 meters from the front day of Eunpyeong-gu Seoul Metropolitan Government, to the 11th roads from the extension of Eunpyeong-gu to the 11th road of Eunpyeong-gu, Seoul Metropolitan Government.

2. Despite the fact that the Defendant was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a non-registered motor vehicle without registration owned by the Defendant, at the date and place indicated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and confirmations) and Acts and subordinate statutes, such as criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each sentence;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that he/she has tried not to drive under the influence of alcohol in the future as he/she repents his/her mistake);

1. In light of the fact that the defendant, who had been punished several times due to the reasons for sentencing under Article 62(1) of the Criminal Act (the above circumstances) and without a license for driving under the influence of alcohol, drives under the influence of alcohol again.

arrow