logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2019.02.21 2018고단2403
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a violation of the Road Traffic Act in the Gwangju District Court's net support on October 1, 2014, and on February 4, 2014, issued a summary order of one million won as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support.

On July 13, 2016, the Defendant was sentenced to six months of imprisonment for a drunk act. However, the offense was not directly stated in the indictment, and thus, it does not constitute a crime. On October 16, 2018, the Defendant driven a two-wheeled motor vehicle, which is a two-wheeled motor vehicle, with approximately 500 meters of alcohol from the front of B, to the front of D store located in B, at around 04:30 on October 16, 2018, while under the influence of alcohol concentration of about 0.115% without the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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 an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's like records of sentencing under Article 334(1) of the Criminal Procedure Act, in particular, the fact that the defendant is currently under the period of repeated crime due to drinking and unlicensed driving, and the fact that the accident occurred due to driving of this case is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the defendant, although the accident occurred in this case, but the degree of danger to others is not relatively large compared to the operation of the motor vehicle, and the defendant seems to have reached the crime of this case without properly recognizing whether or not the defendant has legal prohibition, and the health condition of the defendant.

arrow