logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.04.28 2016고단451
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2011, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), and a summary order of 4.5 million won for a fine by the same court on May 28, 201, and was punished on two or more occasions for a crime of violating the Road Traffic Act (drinking driving) by receiving a summary order of 4.5 million won for the same crime.

On November 14, 2015, the Defendant driven B car with alcohol content of 0.171% while under the influence of alcohol without obtaining a driver’s license from the front of the private ridge restaurant in the Namyang-si, Namyang-si to the front of the same Eup-ro 48 meters south-ro 100 meters south-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of driving without a license, making a report on the circumstances of driving drivers, and making inquiries about the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has already been punished twice due to the driving of drinking alcohol in this case even though he was already punished, other conditions favorable to the defendant who has been punished several times due to drinking, driving without a license, etc.: The defendant's name, sex, environment, motive, means and consequence of the crime, etc., and the punishment shall be determined as ordered by the order, taking into account all kinds of sentencing conditions, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

arrow