logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.07.19 2017고단62
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has been sentenced to a fine of KRW 5 million in the same court on May 17, 2012 by imprisonment for six months with prison labor for a violation of road traffic law (dacting driving), and on November 26, 2014 in the same court.

[Criminal facts]

1. On December 25, 2016, the Defendant: (a) driven Cone Star Track Track Track Track Track Track Track Track Track Track, a resident farm located in Kim Jong-si, 1534 at the same time, under the influence of alcohol level of 0.19% in blood while under the influence of alcohol level without obtaining a driver’s license from a motor vehicle on December 25, 2016.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the instant off-line cargo vehicle, which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Report processing table, inquiry of the results of crackdown on drinking driving, report on the situation of the driver in charge, photographs of the detection of drinking, and investigation report;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking a motor vehicle), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving a motor vehicle without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages (the point of operating a motor vehicle without mandatory insurance) concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the sum of the long-term punishments for each crime) shall be the scope;

arrow