logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2013.05.08 2013고단403
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 29, 2009, the Defendant was sentenced to seven months from September 29, 2009 to imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on March 26, 2010.

On March 14, 2013, at around 00 00:26, the Defendant driven a C body-man car under the influence of alcohol concentration of 0.122% without obtaining a driving license for 400 meters from the front day of Pyeongtaek-si in Pyeongtaek-si, Pyeongtaek-si to the front day of Pyeongtaek-si in sloping-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, was five times of a fine for the same kind of crime since 2001, one of the suspended sentence was sentenced to imprisonment on September 29, 2009 and seven months of a fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) and the violation of the Road Traffic Act (doing Vehicle) as stated in the first head of the judgment. Since July 1, 2011, this court was sentenced to a fine on July 1, 201, despite being sentenced to a fine due to the violation of the Road Traffic Act (doing Vehicle). In addition, in light of the fact that the blood alcohol concentration at the time of the instant case also high, it is inevitable to sentence the Defendant.

However, various sentencing conditions that are favorable to the defendant, such as the fact that the defendant is against his/her mistake and that the accident occurred while driving under drinking.

arrow