logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.09.29 2016고단1846
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 6, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court; on October 10, 201, the Seoul Southern District Court issued a summary order of KRW 1.5 million for the same crime; on October 28, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Western District Court for 6 months and 2 years of suspended execution.

On July 26, 2016, around 05:53, the Defendant driven a vehicle with C-ro pla in the state of under the influence of alcohol content of 0.207% while under the influence of alcohol by 0.207%, without obtaining a driver's license from the 41st day of the Do, Seocheon-ro, Seocheon-ro, 3rd-ro to the 137th day of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification (List 2) of the results of crackdown on driving of alcohol, and the ledger of driver's licenses (List 9);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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

1. The grounds for sentencing of the defendant's alternative imprisonment with prison labor are the favorable circumstances (a confession, reflectiveness), unfavorable circumstances (a three-time drinking driving and one-time driver's license without permission, and a repeated driving under the judgment is very pleasure and bad in alcohol concentration by driving without permission without permission, despite the existence of the period during which the period of suspension of the execution of the repeated driving under the judgment, and all of the sentencing factors in the instant case, including the defendant's age, sex, living environment, circumstances after the crime, etc., shall be considered together, and the punishment shall be determined as per the order.

arrow