logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2018.07.19 2018고단159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On December 5, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Cheongju District Court Support on December 5, 2007, and was sentenced to a summary order of KRW 1.5 million for the same crime in the same court on October 19, 2010. On October 13, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court on October 21, 2016, and the said judgment became final and conclusive on October 21, 2016.

[Criminal facts] On March 6, 2018, the Defendant driven Cma-car under the influence of alcohol 0.075% while under the influence of alcohol 0.75% without obtaining a driver’s license for a vehicle with approximately 10 meters at the 106 parking lot located in the 106 Jeju-ro 30,000 Sim-si.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report (report on the circumstances of the driver who is placed in driving in driving), and making inquiry about the results

1. Investigation report (specific alcoholic content in blood);

1. The driver's license ledger;

1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to the summary order and judgment attached to the same type of crime records), each summary order, and the application of statutes of the judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A fine shall be imposed on a violation of the Road Traffic Act.

arrow