logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.08.07 2014고단1517
도로교통법위반(음주운전)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 of the final judgment.

Reasons

Punishment of the crime

On March 12, 2014, the Defendant, without obtaining a driver’s license on March 23:24, 2014, driven a Ck5 vehicle from the front side of Heung apartment house in the Gwangju Mine-gu to the Sodolol 2 cycle of Gwangju, with a level of alcohol alcohol level of 0.231%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On May 7, 2013, the Defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act on probation and community service order: (a) despite the fact that the Gwangju District Court had been issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act, the Defendant committed the instant crime of drinking and unlicensed driving without being aware of it; and (b) taking account of the fact that the Defendant’s blood alcohol concentration at the time of the instant crime is considerably high to 0.231%, it is inevitable to punish the Defendant corresponding thereto.

However, in full view of the circumstances, such as the fact that the defendant is expected to repent and reflect in depth the crime of this case, and that the economic situation of the defendant seems to be very difficult, the defendant shall be determined as the sentence and the execution of the above sentence shall be suspended only once. It is so decided as per Disposition.

arrow