logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.04.24 2014고단216
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:46 on November 10, 2013, the Defendant driven a Category B Tradon car with a blood alcohol content of about 10km from a section of about 10km from the 10km to the Southern-dong, Incheon Southern-dong, Southern-dong, Incheon, the Southern-dong, the Southern-dong, Incheon, to the other south Fishing Place.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the B TD car, was prohibited from operating the automobile on the road which was not covered by mandatory insurance, but operated the said automobile without mandatory insurance as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry report on the control of driving under the influence of alcohol, and statement on the state of drinking drivers;

1. The driver's license ledger, the chassis, and the mandatory insurance bureau;

1. Application of Acts and subordinate statutes of the mandatory insurance policy;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act, which is heavier than the penalty, and the aforesaid two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months nor more than two years; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, suspension of education for 40 hours [free circumstances] or more without any criminal record of suspension of execution for a period of not less than 40 hours (unjustifiable circumstances 0.219%) high blood alcohol concentration (0.219%), and a summary order of one million won as a result of drinking driving from the Incheon District Court's Branch Branch Branch on January 12, 2009 is issued.

arrow