logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.05.21 2014고단1356
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on May 23, 2013, a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on July 18, 2013, a summary order of KRW 6 million was issued from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On March 12, 2014, the Defendant, without obtaining a driver’s license at around 22:15, driven the Bcopic car at approximately 20 kilometers from the front side of the Southern Terminal located in Seocho-gu Seoul Metropolitan Government to the Busan direction of the 398km located in the Suwon-si, Seocho-gu, Seoul Metropolitan Government, in a state of drinking alcohol concentration of 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous record: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a copy of a summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the execution of a sentence shall be postponed by taking into account the fact that the defendant was punished for drinking and driving without a license despite the fact that the defendant had the record of being punished for drinking, but it is not good that the crime is committed

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

arrow