logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.11.02 2016고단1681
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 December 4, 2014, the Defendant issued a summary order of KRW 4 million with a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site source, and on August 12, 2016, a summary order of KRW 2,50,000 for the same crime at the same court.

The Defendant, as above, driven a vehicle B at the entrance of the first apartment site located in Pyeongtaek-si, Pyeongtaek-gu, Pyeongtaek-gu, Seoul, on August 1, 2016, while under the influence of alcohol leveling 0.092% of alcohol level, at around two occasions.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

around 20:45 on September 30, 2016, the Defendant driven a B SP motor vehicle at the section of approximately 1.5 km from the front side of the 367 Hasung-si in the city of Ansan-si to the front side of the 371-ro 78 km in the city of Ansan-si without obtaining a driver's license.

Summary of Evidence

"2016 Highest 1681"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions as indicated in judgment: Criminal records, investigation reports (verification of the same attached records), and summary orders "2016, 2048";

1. Defendant's legal statement;

1. Investigation report by the police (report on the situation of driving without a license);

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

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

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

1. It shall be decided as ordered by the court on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;

arrow