logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.09.24 2020고단3018
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2019, the Defendant was issued a summary order of KRW 6 million for a fine for the violation of the Road Traffic Act, etc. in the Ansan District Court's Ansan Branch on November 25, 2019

On February 14, 2020, at around 03:30, the Defendant driven a vehicle in the Stwit area under the influence of alcohol level of 0.113% without obtaining a driver's license in the section of approximately 1km from the road located in the upstream-dong in Ansan-si, Ansan-si to the preceding road of the same Gu B.

As a result, the defendant driving an automobile without obtaining a driver's license, and at the same time, violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, report on the circumstances of driving without a license, and photographic data of the control results of drinking driving;

1. License register;

1. Previous convictions: Foreign criminal records, US records and results of confirmation, and application of Acts and subordinate statutes concerning summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered favorable circumstances, such as the fact that the person concerned is white and has no record of the punishment exceeding the fine);

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;

arrow