logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.11.06 2015고단1129
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was issued a summary order of KRW 7 million at the Cheongju District Court for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc., and on March 2, 2015, the Defendant was issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch Branch.

On May 20, 2015, at around 18:31, 2015, the Defendant driven Bho-do car without obtaining a driver’s license with a blood alcohol concentration of about 0.190% in the front of the Chang-gu, Cheongju-si, Cheongju-si, from the road in front of the Chang-gu, Cheongwon-gu, Cheongju-si, to the road in front of the Chang-gu, Chang-gu, Cheongwon-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (former and attachment of the same), and the application of Acts and subordinate statutes "two copies of summary orders" shall apply;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road 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 imposed on a violation of the Road Traffic Act of heavier punishment);

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing is that the defendant repeatedly commits the same kind of crime, and the blood alcohol concentration at the time of driving is high enough to cause damage to others.

Imprisonment shall be selected.

In order to determine the term of punishment by discretionary mitigation in consideration of the Defendant’s health status (pathosome, liverment, liverment), the Defendant’s confession of a crime, the circumstances leading up to driving or the distance from driving under the influence of alcohol, etc., and to promote the prevention of recidivism and the sound rehabilitation to society, he/she takes lectures in the compliance driving lecture and the alcohol treatment lecture.

arrow