logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.12 2015고단1203
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2013, the Defendant received a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on August 26, 2013, and the sentence became final and conclusive on October 16, 2013. On July 29, 2014, the Defendant was issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch branch, and was issued a summary order of KRW 3.5 million on August 20, 2014, and violated the prohibition of driving under the influence of alcohol on at least two occasions.

Nevertheless, on October 30, 2014, the Defendant continued to drive a vehicle without obtaining a driver's license on October 30, 2015, and again under the influence of alcohol, in violation of the provision on prohibition of driving under the influence of alcohol, and thereby driving the vehicle C Ah-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and (1), and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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. The reason for sentencing for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances such as confession of the accused) is that the accused has been punished twice by a fine for drunk driving among the probation period (around Busan District Court Branch of the same Busan District Court, the 2011 High Court and the 1388), but the accused has been sentenced to a sentence for non-driving license during the aforementioned probation period.

Other punishment shall be determined in consideration of the age, character and conduct, intelligence and environment of defendants, circumstances after crimes, etc.

arrow