logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.11.29 2018고단1062
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

[criminal history] On January 4, 2017, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon Flag Flag method Board, and a fine of KRW 3 million for the same crime from January 4, 2017, and was sentenced to a summary order of KRW 3 million for the same crime at least twice as a crime of violation of the Road Traffic Act (driving under drinking), respectively.

[2] On June 10, 2018, the Defendant driven B K3 cars while under the influence of alcohol leveling 0.115% without obtaining a driver’s license from approximately 2 km to the front of the entrance of the Western-dong located in the same Western-dong from about 42:47-hon 23:45 to the 42-hon road in the same Western-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment several times for the same crime, provided that the defendant does not cause other traffic accidents due to the operation of this case. - there is no history of other criminal punishment exceeding a fine. - The defendant is against his own mistake.

arrow