logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.11 2017고단4672
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant issued a summary order of KRW 2 million at the Suwon Friwon on September 28, 2012 to a fine of KRW 5 million for a violation of the Road Traffic Act, to a fine of KRW 5 million on December 5, 2014, to a fine of KRW 5 million due to the same crime in the support for the development of Friwon Friwon Friwon, and to a fine of KRW 6 million in the same court on May 6, 2015.

[2] On July 15, 2017, the Defendant was under the influence of alcohol content of 0.230% in blood without obtaining a driver’s license, and driven a H-learning car from approximately 15 km away from the front of the office, the front of the office, and the front of the same time to the front of the 217-5 km road in front of the same time.

As a result, the Defendant was driving without a license, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, and was driving a motor vehicle under the influence of alcohol in violation of this.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident, report on the circumstances of driving at home, accident scene photographs, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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 of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been punished several times for the same crime. - The defendant’s blood alcohol concentration exceeds the upper limit of the punishment of drinking alcohol. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant is sentenced to a punishment exceeding the fine so far.

arrow