logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.08.31 2016고단612
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On April 20, 2012, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of road traffic law in the Gwangju District Court’s net support on April 20, 2012, and KRW 4 million as a fine in the same court on October 21, 2015.

[Criminal facts] On April 4, 2016, the Defendant, without obtaining a driver’s license on a vehicle at around 23:45, driving a B rocketing car from approximately 100 meters away from the front of a mutually influent restaurant in the same Ordinance as the blood alcohol concentration of 0.110% to the front of the road located in the Macheon-si Ordinance of Macheon-si to the reputation 2-ro in the Hacheon-si, the Defendant was under the influence of alcohol level.

Summary of Evidence

The defendant's legal statement report on driving circumstances of drinking, inquiry about the results of crackdown on drinking driving, previous records in the judgment of the driver's license ledger: Application of a reply to inquiry, such as criminal history, and the written order for summary issuance;

1. Relevant legal provisions, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, subparagraphs 1, and 43 of Article 152 of the Road Traffic Act, the selection of imprisonment for a crime;

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

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1119, Apr. 1, 201

5. The community service order under Article 62-2 of the Criminal Act;

arrow