logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.15 2017고단293
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 30, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on July 30, 2010, KRW 2 million for the same crime from the support for the development of the Suwon Friwon, and KRW 8 million for the same crime at the same court on April 22, 2015.

[2] On December 10, 2016, the Defendant driven BM5 vehicles at approximately 12.3 km from the front day of the influence in the vicinity of the Suyang-dong, Seoyang-dong, Seocho-gu, Seoul to the road near the entrance of the Seocho-gu, Seocho-gu, Seoul Metropolitan City under the influence of 0.139% alcohol concentration in the blood while he was under the influence of alcohol at around 18:15 on December 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the accused;

1. The Defendant’s driver’s license ledger was not submitted with respect to the crime of traffic accident report (on the actual survey report) violation of the Road Traffic Act (free driver’s license). The statement of “free license” column for the vehicle involved in the accident during this letter, and the statement of “free license number” column for “free license number” in the “report on the detection of the driver involved in the accident” as evidence of the above crime against the Defendant.

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of a sentence of imprisonment with prison labor (the fact that the defendant has already been punished three times or more due to the crime of violating the Road Traffic Act, but again leads to the crime of this case, and the measurement of drinking is relatively high;

arrow