logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2013.11.27 2013고단1301
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on August 29, 2007. On March 26, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court on March 26, 2009. A person who had been sentenced to a fine of 2.5 million won by the same court on July 25, 2011.

1. Violation of the Road Traffic Act (driving without a license) is a person who has been punished twice or more due to drunk driving as above, and around 01:50 on September 26, 2013, the Defendant driven a tea car under the influence of alcohol with approximately 0.177% of blood alcohol concentration from the 1km section from the 1km to the front road of the Military-si Gyeongsi-si, Military-si, Military-si, Military-si, Military-si, Military-si, Military-si, Nasan apartment without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance at the time and place specified in the foregoing Paragraph (1), driven a CDap car as above.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of regulating drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of operating without a license), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating without mandatory insurance);

1. Punishment for a violation of Article 40 or 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

arrow