logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.12.15 2016고단4044
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant stated the facts charged as of February 21, 2014 in the facts charged on February 21, 2016, but according to the criminal record inquiry report, etc., it is apparent that it is a clerical error as of February 21, 2014, and thus, it is further stated.

In Gwangju District Court, a summary order of KRW 3 million was issued for a crime of violation of the Road Traffic Act, and on April 22, 2016, a summary order of KRW 5 million was issued for the same crime in the same court.

On August 18, 2016, the Defendant, at around 03:00, driven CSP car at approximately 112 meters from the 112-meter section to the cspke road located in the south-gu of Gwangju, without obtaining a driving license under the influence of alcohol level of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, health conditions, and circumstances after the crime, etc., the period of punishment for the same kind of crime committed by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act (the period of punishment twice due to drunk driving, such as the record before and after the market is made), driving distance, blood alcohol concentration, and other conditions of punishment as stated in the arguments

arrow