logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.07.23 2014고단1568
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On June 30, 2009, the Defendant was issued a summary order of 700,000 won for the violation of the Road Traffic Act with the Suwon District Court's Sung-nam Branch (hereinafter referred to as the "FI") and on April 27, 2010, issued a summary order of 1,500,000 won for the same crime by the same court.

On May 22, 2014, around 02:50 on May 2, 2014, the Defendant driven B-low-low-water vehicle under the influence of alcohol without obtaining a driver's license in approximately 1.5km section from the roads near the G-dong in Songpa-gu Seoul Metropolitan Government to the roads in front of 280 (Gain-dong).

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, the fact that there is no previous conviction or more than a suspended sentence, and the concentration of blood alcohol and alcohol);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow