logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.10.13 2017고단2078
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of road traffic laws at the Jeju District Court on November 3, 2016 and was sentenced to two years of suspension of execution on November 11, 2016, and is currently under suspension of execution.

On July 25, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 21:00, driven a C-wing truck with approximately 200 meters alcohol concentration of about 0.221% in blood from the 200-meter section to the adjacent road of the same Eup, from the east 5-19, the draft of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. A report on investigation;

1. Previous convictions in judgment: A reply to inquiry about criminal history, inquiry about the results of crackdown on driving of alcohol, investigation report (verification of the period of suspension of execution - Attachment of judgment) and application of statutes

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3(3) of the Criminal Act for mitigation of quantity is that the defendant recognized the crime, and the defendant's spouse and his/her spouse are seriously against his/her mistake during the period of detention for up to two months, and that he/she does not have good health due to urology, and that there is no other criminal history than the crime of drinking driving, the crime of unlicensed driving, the crime of non-licenseing driving, the crime of refusing measurement of drinking, and the crime of refusing measurement of drinking, and that he/she sells the vehicle again by not driving under the influence of alcohol, and that his/her spouse and spouse are trying to prevent the defendant from drinking alcohol.

However, the defendant was punished for a fine of KRW 3 million due to the crime of drinking driving in 2013 and a fine of KRW 1 million due to the crime of driving without a license in 2014.

arrow