logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2020.01.30 2019고단2108
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 15, 2019, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch branch (Ackju). However, on July 7, 2019, the Defendant was under the influence of alcohol of 0.136% in the state of suspension of the validity of the driver's license on July 7, 2019.

As a result, the defendant has violated the Road Traffic Act prohibition regulations at least twice and has been driving under the condition of suspension of driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Report on the results of the control of drinking driving, report on the state of the drinking driver's standing, report on the state of his driving without a license, report on the state of his driving without a license, and the register of driver's licenses

1. Application of Acts and subordinate statutes to criminal history records, references to dispositions, dispositions, and reporting results;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is not to be mitigated, and the defendant's fault is against the disadvantage of the defendant, such as the fact that the main content is heavy, and the distance of driving is not long, and other favorable circumstances such as the defendant's age, character and behavior, environment, means and result of the crime, and other factors of sentencing specified in the trial process of this case, such as the circumstances after the crime, shall be determined as ordered

arrow