logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.11.29 2012고합1322
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 10, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on April 10, 2008, and was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Seoul Central District Court on May 11, 2012.

On August 23, 2012, the Defendant, without obtaining a driver’s license at around 23:50 on August 23, 2012, while under the influence of alcohol 0.234% of blood alcohol content, driven approximately 1.5 km from the 634-15th day of Dobong-gu, Seoul Special Metropolitan City to the road of the same 968-36th day of the Gu Bohodong 968-36.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two times the criminal facts as stated in the judgment of the defendant, and there are many other criminal records that have been punished for the violation of the Road Traffic Act. In particular, the crime of this case is committed since it has not been more than three months since a fine was sentenced for the last violation of the Road Traffic Act (driving). The blood alcohol concentration level is very high 0.234%, and the current Road Traffic Act strengthens the punishment if a person who has violated not less than two times the provisions that prohibit driving in the state of drinking, unlike the previous one, drives again in the state of drinking.

However, the defendant erred.

arrow