logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.04.19 2017고단2547
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] On January 21, 2008, the Defendant was notified of a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Cheongju District Court on the charges of violating the Road Traffic Act, and on March 24, 2015, the Defendant received a summary order of KRW 5,000,000 as a crime of violating the Road Traffic Act at the Cheongju District Court on the charges of violating the Road Traffic Act and received a summary order of KRW 5,00,000 in total on two occasions.

[2] On October 24, 2017, at around 02:15, the Defendant driven a e-car with alcohol content of 0.103% while under the influence of alcohol, without obtaining a driver’s license, on the front of a “D” restaurant located in Heung-gu Seoul Metropolitan Government (D) in approximately three meters.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, has driven a motor vehicle under the influence of alcohol again in violation of this provision.

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A criminal place and an explanatory note;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of investigation reports (verification of criminal records of the same kind as the suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Elements of sentencing unfavorable to the grounds for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to attend a lecture or the order to provide community service: The driving of drinking shall be repeated under the influence of a license, even three times in total, and five times in the absence of a license

o. Sentencing elements: The distance of driving is relatively short, o, and the sentencing conditions under Article 51 of the Criminal Act are comprehensively considered, and the sentence is set as ordered.

arrow