logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.07.20 2017고단576
도로교통법위반(음주운전)등
Text

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

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

1. On December 5, 2014, the Defendant issued a summary order of KRW 3,00,000 to a fine of KRW 1,000 for a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on the ground of the violation of the Road Traffic Act. On November 10, 2016, the above court issued a summary order of KRW 4,00,000 to a fine of KRW 1,00 for the same crime, and had been punished twice or more for the violation of the Road Traffic Act (driving under drinking). However, around April 22:26, 207, the Defendant had the history of serving two times or more for the violation of the Road Traffic Act (driving under drinking under the influence of alcohol), from the vicinity of the hybrid life at KRW 160 to the 160,00,000 to the 222,000,000,000 from the front day of the 160,01.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a two-wheeled automobile without mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a traffic accident occurrence report, the ledger of driver's licenses, notification on the results of the crackdown on drinking driving, and notification of detection of unregistered ozone;

1. References to inquiries, such as inquiries about criminal history, and application of Acts and subordinate statutes (netly 12);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are two times the period of punishment under Article 62(1) of the Act on the Suspension of Execution. In particular, on November 10, 2016, despite being sentenced to a fine for driving under drinking on the same day, re-offendered again for five months after being sentenced to a fine for driving under drinking on the same day, and the amount of drinking is high, and the occurrence of a traffic accident is selected.

However, Orala:

arrow