logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.25 2018고단55
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 7, 2008, the Defendant issued a summary order of KRW 1,00,000,000 to a fine for a violation of road traffic law (drinking driving) in the support of the Sugwon method, and on October 29, 2014, the Defendant issued a summary order of KRW 4,00,000,000 as a fine for the same crime from the Sugwon method.

[2] On December 5, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle with approximately 40 meters high-speed D again from the 14 parking lot to the 14th day of the same city carbon in the same city, in the state of being drunk with alcohol content of 0.096% in blood at around 22:41 on December 5, 2017.

As a result, the Defendant was driving without a driver's license, and was in violation of the prohibition of drinking at least twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing of Article 62-2(1) of the Criminal Act regarding community service and order to attend lectures [the scope of punishment] : imprisonment of six months or more; imprisonment of one year and six months (determination of sentence] ; the following circumstances and records are recorded, such as the defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime.

arrow