logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.04.20 2016고단99
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 June 25, 2014, the Defendant received a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the support for the development of a water source method, and KRW 5 million for the same crime in the same court on January 22, 2015.

1. On December 25, 2015, the Defendant driven a D 130-car under the influence of alcohol content of 0.160% while under the influence of alcohol without obtaining a driver’s license from around 150 meters from the 540-7-2 Do, Ansan-si, a member of Ansan-si, to the 542-2 front road of the same 542-2.

2. On March 4, 2016, around 22:00, the Defendant driven a car e-mail (i30) with D’s 3km from the front road of the Gu, Ansan-si, Busan-ro, Busan-ro, 1-ro, 9,00 in the same Sincheon-ro, Seocheon-gu, Seoul-gu, Seoul-ro, to the front road of the Hanyang apartment, the Defendant driven a car without obtaining a driver’s license from D’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture has the record of punishment already imposed for the same kind of crime like the record of the crime in the judgment.

In the short term, the driver was driving the instant drinking and driving without the license.

It is necessary to make a strict punishment corresponding to this.

However, the defendant acknowledges his mistake.

There is no record of punishment exceeding a fine.

In addition, the defendant's age, sex, environment, motive and circumstance of the crime, and crime.

arrow