logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2019.07.25 2019고단190
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 4, 2019, at around 22:00, the Defendant driven a wing-in truck under the influence of alcohol level of about 0.171%, without obtaining a driving license, at a section of about 5 km in front of the previous Jindo-gun D, Jindo-gun, Jindo-gun, with the “Cjun” located in the “Cjun” road located in Jindo-gun, Jindo-do.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures, despite the fact that the defendant had been punished for a suspended sentence of imprisonment due to drunk driving, is again committed the crime of this case; the telegraph operator was damaged by the crime of this case; the blood alcohol concentration level (0.171%) at the time of the crime of this case is considerably high; the distance of drunk driving is not short; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, shall be determined as ordered.

arrow