logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.31 2018고단4590
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 19, 2009, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law at the Suwon Flag Flag method, etc. On November 24, 2014, the Defendant was sentenced to a summary order of KRW 3.5 million for a violation of road traffic law (driving), and on February 20, 2016, the Defendant was issued a summary order of KRW 8 million for a violation of road traffic law at the same court on February 20, 2016. On November 24, 2017, the Defendant was sentenced to a probation order of KRW 10 million for a violation of road traffic law (driving), and the said judgment became final and conclusive on February 20, 2018.

[2] Although Defendant 1 violated the provision prohibiting driving of alcohol as above, Defendant 1 again driven B K7 cars at around 100 meters from the part after viewing the water source located in Suwon-si, Suwon-si, Suwon-si, from around 02:0 on May 15, 2018 to the street corner of the same city without a driver’s license, while under the influence of alcohol content 0.201% of alcohol during blood again, Defendant 2 driven B K7 cars at the same time from around 100 meters to the front day of viewing the water source located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of records of drinking alcohol measurement and the results of regulating driving of drinking, and a statement of the situation of the driver of drinking;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, a report on the result of confirmation of a previous conviction before and after the previous convictions, and Acts and subordinate statutes concerning investigation reporting (a summary attachment

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”) is as follows: (a) six months of imprisonment or one year and six months of imprisonment [the scope of sentencing]; (b) six months of imprisonment or one year and six months of imprisonment.

arrow