logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.21 2017고단3324
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 10, 201, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a fine of 4 million won as a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 5, 2017.

[2] On June 11, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 6km of about 0.11% of alcohol concentration in blood without a motor vehicle driver’s license, from the roads near the Yancheon-gun, Gangwon-gu, Seoul Special Metropolitan City, to the northwest-gu, 2029, Gyeonggi-do; (b) the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.11% of alcohol concentration in blood without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and the driver's license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The defendant's previous and three times a drinking driver's license; the last drinking driver's license was driven on March 2017; however, the driver's license of this case was repeated in the range of the three months and the degree of the three months; the circumstances in which the driver's license of this case was discovered by the defendant's vehicle driving, which was obvious that the defendant could shock his vehicle and shock the central separation, and was discovered by the report; and the normal circumstances that are favorable to the defendant's license of this case was discovered by the report; and there was no criminal conviction of the same kind of probation or higher.

arrow