logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.11.02 2016고단1760
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 power] On May 31, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million at the Jung-gu District Court on March 30, 2015, respectively.

【Criminal Facts】

On September 6, 2016, at around 23:51, the Defendant driven B Sti-type vehicles without obtaining a driver's license with a blood alcohol concentration of about 400 meters from the front of the public parking lot of the Hegymium located in the Hegym-si, Gidong to the front road of the Gwangju Bank located in the same Dong from around 400 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (two copies of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that probation and order to attend a lecture, the fact that there are several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Act, the fact that blood alcohol concentration is high, or that the defendant recognizes and reflects the crime, the fact that the defendant has no record of suspended execution or more, and other favorable conditions of sentencing;

arrow