logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.07.26 2017고단1666
도로교통법위반(음주운전)등
Text

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

1. Around May 7, 2017, the Defendant driven a F Poter Cargo under the influence of alcohol level of 0.192% without obtaining a driver’s license on a section of about 500 meters from the front side of the “C” heading to the front side of the “E” heading “E” located in D at Pariju-si, Pakistan on May 22, 2017.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated F Poter freight cars which were not covered by mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on circumstances of driving without a license, and the ledger of driver’s licenses;

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

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Act on criminal facts: Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

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

1. The sentence as ordered shall be determined by comprehensively taking account of the following circumstances: the Defendant’s previous punishment records for sentencing under Article 62-2 of the Criminal Act; the blood alcohol concentration numbers of the instant case; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the crime was committed.

arrow