logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.03.28 2016고단4565
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On August 6, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Jeonju Eup Eup support on August 6, 2014. On August 5, 2016, the Gwangju District Court issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving).

[2] On September 27, 2016, the Defendant: (a) around 01:50 on September 27, 2016, while under the influence of alcohol content at approximately 0.169% from the 500-meter section of blood, the Defendant driven a motor vehicle B and drive a XG motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C and D statements;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Determination of a sentence that has high alcohol content during blood (0.169%) and the relatively recent same kind of power, the circumstances leading up to detection (in the event of leaving the scene and causing physical damage by going beyond the trab that was parked by driving under drinking at the time, and detection of the site): Contraryity, the fact that there is no previous conviction exceeding a fine, and the fact that there is no previous conviction in excess of a fine: Other consideration of the defendant's age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc.;

arrow