logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2013.06.13 2013고단551
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 7, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 7, 2008, and was sentenced to a fine of two hundred and five million won by the same court on March 30, 201.

On April 18, 2013, at around 23:30, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of 0.166% without a driver’s license, from the lush restaurant located in the lush Jeju Jeju Jeju Jeju High School to the lush distance located in the lush Jeju High School located in the lush Jeju High School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration and on the status of running a motor vehicle under consideration;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Selective photographs of each site;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and lecture attendance order, is a case where a defendant drives a motor vehicle without a driver's license, and the defendant recommits the above crime despite the fact that the defendant had already been punished several times due to drinking driving, etc., it is inevitable to punish him/her accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the accused is recognized to commit the crime and the driving of drinking, etc. has no criminal record exceeding the fine, etc., and a suspended sentence shall be sentenced on condition of probation, community service, and lecture attendance order.

arrow