logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3241
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 June 7, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court Goyang Branch on June 7, 201, and KRW 3 million for the same crime in the same court on December 26, 2013.

1. On October 3, 2015, the Defendant was driving a BEAV Bab under the influence of alcohol concentration of 0.209% in blood without a vehicle driver’s license at around 200 meters from the upper school in front of the same Eup/Myeon from the upper school of the YAV of the 14:45 Sinju-si, an Eupn at the same time, on October 3, 2015, while under the influence of alcohol concentration of 0.209% in blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing a mandatory automobile insurance policy at the time and place specified in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report, statement report on the circumstances of a driver driving, notification on the results of crackdown on the driving of alcohol, vehicle driver's license register, vehicle inquiry, and mandatory insurance;

1. On-site photographs;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

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

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime) of the aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Act is that there is no history of punishment, such as drinking and non-licensed driving, etc., the degree of alcohol value of this case, the occurrence of accident, there is no history of punishment exceeding a fine, and there is no loss of human life.

arrow