logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2018.08.24 2017고단1377
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on January 15, 2015, and on July 8, 2016, the Defendant was issued a summary order of KRW 3 million as the same crime in the same court.

[2017 Highest 1377] On October 19, 2017, the Defendant driven a DK7 car under the influence of alcohol level of 0.106% in the influence of alcohol level, without obtaining a driver’s license, from around 300 meters before the 305-ro gate, for a 305-rop road in the vicinity of the Gandong church.

[2018 Highest 547] On April 2, 2018, the Defendant driven a motor vehicle under the influence of alcohol level of 0.228% while under the influence of alcohol level of 0.228%, without obtaining a driver’s license, on the front of the Sampo-si in Sinpo City, Mapo-si, the Sampo-si, the Chyeong-si.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same type of judgment, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are the time when the defendant was committed a crime, and the wife and children are divided. However, while the defendant had been punished twice by a fine due to driving under influence of alcohol, and the defendant again had a drinking or non-licensed driving before the sentencing date and again had a driving without a license, and all kinds of sentencing shown in the arguments of this case, such as the defendant's age, sex, environment, etc.

arrow