logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.08.25 2017고단1647
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

On February 15, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic laws at the Daegu District Court, etc., and on May 29, 2017, the Defendant was issued a summary order of 3 million won for a crime of violating road traffic laws at the Jeju District Court.

On June 4, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 22:55, driven a ben E220-car at approximately 4 km from the Do in front of the fact that the Defendant, while under the influence of alcohol at 0.110% of alcohol during blood, was driving a ben E220-car at the 4km section in front of the monthly forest located in the Han-si, Han-si, Han-si, Han-si, Han-si, the Do in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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 grounds for sentencing under Article 62-2 of the Criminal Act such as the protection and observation, community service order, and order to attend a lecture are acknowledged as the Defendant committed a crime. However, the Defendant has already been punished twice or for a crime of drinking driving, etc., and the Defendant was issued a summary order on March 20, 2017 by regulating drinking driving on March 20, and issued a suspension order on April 27, 2017, even if he was issued a suspension order on driving on April 27, 2017, since he/she committed the instant drinking and non-driving without a license around one month after the date of the suspension of license, the nature of

In addition, the arguments of this case, such as the age, sex, environment, circumstances, and circumstances after the crime, etc. of the defendant.

arrow