logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.24 2017고단3660
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven 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 January 18, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on January 14, 2015, and KRW 4 million to a fine for a violation of the Road Traffic Act at the same court on January 14, 2015, and on April 20, 2017, the same court issued a summary order of KRW 7 million to a fine for a violation of the Road Traffic Act.

On August 4, 2017, the Defendant driven, without a driver’s license, B Oba (124cccc) in the section of approximately 1.4 km from the 25-50-on-road to the high-speed road of the same east-ro 803-1, a gold-ro 803-1, in a state of alcohol leveling to 0.096% of alcohol level during blood while under the influence of alcohol leveling from August 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Conditions disadvantageous to the defendant: The defendant was punished three times due to drinking prior to the instant case, once due to driving without a license, etc., and the defendant continues to drive drinking recently;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

arrow