logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.30 2016고단4939
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 27, 2009, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court due to a violation of the Road Traffic Act (driving). On January 4, 2016, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court.

[Specific criminal facts] On August 5, 2016, the Defendant was under the influence of alcohol level of 0.054% on blood alcohol level on August 5, 2016, without obtaining a driver’s license. The Defendant driven 3 km B K5 car from the front of Korea Ttech in the petition for the e-mail drawing to the front of the reputation-based 256 E-mail at the e-mail level.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving at home, and notification of the results of crackdown on driving at home;

1. A driver's license inquiry;

1. Criminal records as indicated in the judgment: The application of Acts and subordinate statutes to criminal records, reply reports;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., facts recognized as not guilty and facts that there are no previous convictions in excess of the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow