logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.06.04 2013고단647
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 24, 2013, at around 00:53, the Defendant driven a Done Star Cornex under the influence of alcohol content of 0.105% without obtaining a driver’s license from approximately 10km section from the 00-75, Yongsan-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the road of approximately 302-75, Yongsan-gu, Seoul Special Metropolitan City.

2. On February 17, 2013, at around 23:46, the Defendant driven a Done Star Co., Ltd. under the influence of alcohol concentration of 0.083% without obtaining a driver’s license from the front of the restaurant for the Jin Livestock that is located in the Guro-gu Seoul Metropolitan City, Guro-gu to the front of the 357 Summern Center, Seoul Special Metropolitan City, Nowon-gu, to the lower end of the 20km.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of each host driver;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol with a blood alcohol concentration of not less than 0.1% and less than 0.2%), Article 148-2 (2) 3, Article 44 (1) (the point of driving under influence of alcohol with a blood alcohol concentration of not less than 0.05% and less than 0.1%), Article 152 subparagraph 1, and Article 43 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades of violations of each Road Traffic Act referred to in paragraph (1) and between violations of each Road Traffic Act referred to in paragraph (2));

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, many criminal offenses are committed by the defendant due to the violation of the Road Traffic Act due to drinking and driving without a license under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Despite the fact that the defendant has been engaged in drinking and driving without a license two consecutive times or more during the current period of suspension of execution, the punishment shall be determined in consideration of the circumstances unfavorable to the defendant, such as the fact that the suspension of execution is invalidated, and all other circumstances, such as the defendant's occupation, age, and family relationship;

arrow