logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.10.25 2018고단2832
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 22, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on November 22, 2013. On May 17, 2017, the Defendant was sentenced to imprisonment for eight months, a suspended sentence of two years, and the period of suspended execution becomes final and conclusive on May 25, 2017.

[Criminal facts]

1. Although the Defendant had been punished twice or more for violating the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.254% while under the influence of alcohol leveling from May 13, 2018 to around the 2-1k-ro, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, about 03:20 on May 13, 2018.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated B rocketing automobiles not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The circumstances are favorable for the defendant to recognize and reflect his/her mistake in sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are the grounds for sentencing of concurrent crimes.

However, the defendant has violated the Road Traffic Act (drinking) in many times until now.

arrow