logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.12 2016고단1571
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On May 19, 2016, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes. The above judgment became final and conclusive around the above time.

The defendant of "criminal facts" is a person whose driver's license is revoked on February 17, 2016.

On May 13, 2016, around 07:10, the Defendant driven a Category B 5km vehicle under the influence of alcohol level of 0.165% (the “0.163%” of the indictment appears to be clerically written) in the influence of alcohol level of approximately 0.165% in blood from the roads near Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul to the roads 108 Man-ri.

As a result, the Defendant driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the crackdown, the inquiry of driver's license, and the results of the crackdown on drinking driving;

1. Investigation report (Binding report on the register of driver's licenses);

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a report on the result of confirmation before and after the disposition;

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

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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture while being tried in the case recorded in the records of the crime in the judgment of the defendant, and the defendant committed the crime of driving and driving without a license of this case, under the circumstances unfavorable to the defendant, the defendant's mistake is recognized, the defendant has no record of being punished due to drinking or driving without a license, and the above judgment has been tried at the same time as the above judgment became final and conclusive.

arrow