logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.05.19 2017고단715
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 31, 2016, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving). On January 17, 2017, the Defendant was sentenced to a suspended sentence of one year for six months and one year for a violation of the Road Traffic Act at the Jeju District Court on January 25, 2017, and the said judgment became final and conclusive on January 25, 2017.

[2] On March 17, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 08:45 on or around 17, 2017, driven a C Poter truck owned by the Defendant, for about 300 meters of land in the same Dong from the street room in the state of drinking alcohol concentration of 0.114%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as inquiry about criminal history, report on investigation (Attachment to previous rulings attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment shall be, in consideration of the following circumstances, determined as ordered.

A favorable circumstances: The circumstances that recognize and reflect a crime: A person has been punished for the same kind of crime in addition to the previous record of the judgment, and the person has not been sentenced to a decision of the same suspension of execution, and the person has committed a crime again. The circumstances leading to the detection of drinking, the alcohol concentration in the blood at the time of the crime, the circumstances after the crime, the age of

arrow