logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.16 2018고단2536
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On May 16, 2008, the Defendant received a summary order of KRW 3 million from the Gwangju District Court to a fine of KRW 5 million due to the same crime, etc. on April 29, 2013 at the Gwangju District Court.

[2] On June 5, 2018, at around 00:09, the Defendant driven a Crane car under the influence of alcohol concentration of about 0.103% without a driver’s license, from around approximately 1.5km to the third apartment road in the Dong-gu, Gwangju High-gu, Gwangju High-Tech, to around 00:09.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of a report on detection of drivers engaged in driving and crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (including three copies of the summary order attached thereto) (including the report on the same type of electric power case);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's history of punishing drinking driving (including the criminal records as indicated in the judgment, three times in total after 200, and two times in which the driver's license was revoked due to driving without a drinking license) and the reason and time for the revocation of the driver's license (the driver's license was revoked due to driving without a drinking license in 1998, and the driver's license was not obtained thereafter) and the reason for regulating the crime of this case (the result of injury did not occur, but the result was crackdownd by causing a traffic accident) shall be selected and punished by imprisonment in a lump sum.

In addition, the alcohol concentration in blood, the circumstances leading up to the driving without a license, the distance and place of driving without a license for drinking, the age and sex of the defendant, and

arrow