logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2012.11.28 2012고단1692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 11, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) operated a Bbee cruise car at a section of about 100 meters from the front of a mutually influorous restaurant located on the upper east-gu, Busan and the front of the 531-9 road in the Gu, Seocheon-si, Seocheon-si, without a driver’s license on September 20, 201, while under the influence of alcohol of 0.03% of the blood alcohol level.

2. The Defendant presented D’s driver’s license under the name of the Commissioner of the Incheon Police Agency, a public document that was controlled by drinking driving and was in possession of the police officer C when he was requested to present an identification card on the road in 531-9, Nowon-gu, Seoul Special Metropolitan City.

Accordingly, the defendant illegally exercised official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on detection of a host driver;

1. Investigation report (report on the current status of driving without a license);

1. Records of seizure and the list of seizure;

1. Statement of reasons for disqualification;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act (the point of exercising official document illegally);

1. Punishment for a violation of Article 40 or 50 of the Criminal Act (or a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and punishment for a violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides six times the period of punishment for drunk driving or unlicensed driving, and when it is discovered, it is necessary to impose a strict punishment in light of the fact that another person's driver's license is presented. However, the above period of punishment is required.

arrow