logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.07.26 2018고단534
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2014, the Defendant issued a summary order of a fine of one million won to a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on January 2, 201, and on November 17, 2017, the Defendant issued a summary order of a fine of five million won to a violation of the Road Traffic Act (drinking driving) at the Seowon District Court Pyeongtaek District Court on November 17, 201, and two times the record of punishing drinking.

On February 4, 2018, the Defendant driven a BM6 vehicle under the influence of alcohol content 0.058% while under the influence of alcohol content 0.058% in blood, without obtaining a driver’s license from around the 3km of the mutually influent sea area, which is located in Osan, to around the 11:30 on February 4, 2018.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

The fact that the defendant has been already punished twice due to drinking driving, and that there is no long time after being sentenced to a fine due to drinking driving on November 201, 2017, and that the defendant again led to each of the crimes of this case, and that there is no record of the suspension of execution or higher punishment, and that there is no record of the punishment.

arrow