logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.10.25 2018고단2457
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

On October 14, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in support of the Sungnam branch of Suwon branch, and on January 15, 2015, the same court issued a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law.

The defendant is a person who has a passenger car in B at a horse.

On July 3, 2018, the Defendant, as a person who has violated the provision prohibiting driving of alcohol twice or more, driven the foregoing horse-off car without being covered by mandatory insurance in the state of alcohol with approximately 0.184% alcohol concentration from the 2km section of approximately 2km to the 717th road in the same Gu unification from the Guro-dong, Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver placed in the main place and inquiry into the mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3)

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

arrow