logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.01.08 2013고단4147
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2013, the Defendant issued a summary order of KRW 8 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on July 9, 2013; KRW 1.5 million as a fine for the same crime from the High Court of the Republic of Korea on June 7, 2013; and KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the same court on September 13, 2007.

On October 26, 2013, at around 18:40 on October 26, 2013, while under the influence of alcohol with 0.189% of the blood alcohol content without a driver’s license, the Defendant driven B car with 5 meters of 5 meters from the day before the Mutual Influence House located in the airport of Gangseo-gu Seoul Metropolitan Government to the same 73-7 front way.

As a result, the Defendant was driving a motor vehicle without a driver's license under the influence of alcohol, when the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of a summary order), amounts before disposition and results of confirmation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the criminal defendant reflects his/her wrongness and does not keep a driving distance);

1. Article 62 (1) of the Criminal Act on the suspended execution (Considering the reasons for discretionary mitigation and the fact that the defendant has no record of punishment heavier than imprisonment without prison labor);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

arrow