logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.11.19 2014고단3046
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. On June 30, 2014, the Defendant was driving a B car while under the influence of alcohol with approximately 200 meters alcohol level 0.162% without obtaining a driver’s license from the front side of the “gold-do,” which was in the front side of the “on the port-ri comprehensive steel products” in the same Ri, to the front side of the “on the port-ri comprehensive steel products,” at around 200 meters.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant operated a B car with no mandatory insurance at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. A report on detection of a host driver;

1. Application of investigation report (report on the details of purchase of mandatory insurance to A) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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 concerning criminal facts;

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. Comprehensively taking account of the fact that there are three times of drinking driving under the past sentence of Article 62(1) of the Criminal Act and seven times of license driving under the same kind of force, and the following day after the control of this case, it is considered that traffic accidents have been issued when driving under the influence of alcohol, there is a need for strict punishment because the risk of recidivism is high, but it is necessary to not scrap and not repeat the vehicle, and considering the defendant's age, etc., the execution of the sentence shall be suspended only once, but probation, etc. is conducted to prevent recidivism.

arrow