(영문) 광주지방법원 2018.11.15 2018고단4005

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.11.15 2018고단4005

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 8, 2018, the Defendant, without a driver’s license, driven SM7 car at approximately 4 km from the 79 km to the 79 km-ro fluoring road at the place where he/she is under the influence of alcohol with a 0.051% alcohol level during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case was committed for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, which had the record of being punished twice due to drinking prior to the crime of this case, and during the period of suspension of execution under the judgment [the defendant was sentenced to a suspended sentence of two months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) and the violation of the Road Traffic Act at Liwon District Court on April 26, 2018]. However, the crime of this case was committed during the period of suspension of execution under Article 34(1) of the Criminal Procedure Act, which is disadvantageous circumstances, but the degree of criminal punishment is to the extent that alcohol concentration in blood exceeds a little degree of criminal punishment, the driver's license is not to be acquired again, and the driver's license is sold to a third party, and the driver's license is recognized and reflected.

In addition, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the defendant's age, sexual conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.

참조조문

유사 판례

-광주지방법원 2017.06.15 2017고단1450

-광주지방법원 2018.11.08 2018고단3584

-광주지방법원 2018.10.11 2018고단2871

-광주지방법원 2018.08.16 2018고단2536

-광주지방법원 2018.09.20 2018고단3104