logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2013.09.12 2013고단596
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

[criminal power] On June 27, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Cheongju District Court, and on December 5, 2011, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the same court on December 5, 201, and on December 7, 2012, the Defendant received a summary order of KRW 5 million by the same court on December 7, 2012.

【Criminal Facts】

On June 12, 2013, at around 21:45, the Defendant driven a B-man car under the influence of alcohol content 0.071%, without obtaining a driver’s license, from around the front of the B-man car in the B-man car under the influence of alcohol content 0.071%, to around 21:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous for judgment: Application of Acts and subordinate statutes of criminal history records, inquiry reports and investigation reports (a copy of summary order attached);

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. 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. The sentencing of Article 62-2 of the Criminal Act provides three times the same force to the defendant for the reasons of sentencing, and the sentence of the same order is imposed by taking into account the favorable circumstances that the defendant did not have any criminal record of qualification suspension or more severe punishment, considering the fact that the defendant was punished by drinking, non-licenseing, etc. in 2011 and 2012, and taking into account all the other sentencing conditions in the trial process.

arrow