logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.07.13 2016고합4
강간등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The charge of rape in the facts charged of this case is not guilty.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) in the Suwon District Court on July 14, 201, and completed the execution of the sentence at a public prison on November 30, 2012, and on October 31, 2013, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking driving) in addition to a fine of four million won by the same court on October 31, 2013, more than three times.

[2016 Gohap 4]

1. On May 6, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a G Coin vehicle at approximately 40km from the front day of the E-sports club located in Chungcheong-si D to the front day of the Defendant’s house located in Ansan-si, Chungcheongnam-si, Chungcheongnam-si without obtaining a driver’s license around 06:30 on May 6, 2015.

[2016 Gohap 5]

2. Although the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) had the power of driving under the influence of alcohol twice or more as above, the Defendant driven a vehicle without obtaining a driver’s license on August 2, 2015 in the two-meter section of H in the front of the H road at the Ansan-si level of on August 2, 2015, while under the influence of 0.20% alcohol while under the influence of 0.20% in alcohol during blood.

Accordingly, the Defendant, without obtaining a driver’s license, driven a motor vehicle at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, inquiry into the results of regulating drinking driving, and report on the circumstances of driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (not less than twice of drinking, previous convictions, and previous convictions for repeated crimes);

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 148-2 Subparag. 1, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving, and Selection of Imprisonment) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (as of August 2, 2015).

arrow