logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2015.12.18 2015고단1667
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 20, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2,500,000,000 as a crime of violation of the Road Traffic Act, at the Incheon District Court on May 31, 2010, and KRW 2.5 million with a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act from the Suwon District Court on the same site as the same crime on July 1, 2015.

Although the Defendant had had had a driving under the influence of alcohol twice or more, on October 8, 2015, the Defendant, at around 01:35, driven a B-hand car under the influence of alcohol level of 0.107%, without obtaining a driver’s license, with a section of about 5km from the Korean Electric Power Station in Pyeongtaek-si to the road in the same city of flusium 11.m.

As a result, the defendant was driving a motor vehicle under the influence of alcohol at least twice, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports and criminal defendant's legal statement statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend a lecture, Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant, for reasons of sentencing three times or more, has been punished for the same kind of drinking driving, the crime of driving the instant vehicle without a license is very heavy in light of the fact that the defendant drives the instant vehicle without a license in

However, the defendant acknowledges the facts charged of the instant case, reflects his mistake, and does not repeat the instant case.

arrow