logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.04.18 2018고단196
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【The Defendant received a summary order of KRW 4 million on March 24, 2014 due to a violation of the Road Traffic Act (drinking driving), etc. on the part of the Friwon Friju, which was sentenced to a fine of KRW 5 million on November 18, 2016 as a crime of violation of the Road Traffic Act (drinking driving) in the support of Friju, which was issued a summary order of KRW 5 million on November 18, 2016.

【Criminal Fact-finding on February 25, 2018. around 04:55, the Defendant driven a knive-in car with alcohol content of 0.085% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front side of the Hocheon-si hotel in Leecheon-si to the front side of the Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the detection of a primary driver;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to summary orders), application of summary orders 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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, are the same as the one who was punished twice due to drinking and the one who was punished due to driving without a license within a relatively short period of time, and thus

There is no history of punishment exceeding a fine, and the punishment shall be determined as ordered in consideration of the fact that the punishment is against the crime, and the age, environment, motive, circumstances, etc. of the defendant.

arrow