logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.12.06 2013고단3791
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 September 13, 2007, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Cheongju District Court on September 13, 2007. On July 8, 2009, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act (driving) at the Goju District Court on July 8, 2009, and on June 4, 2013, the Defendant issued a summary order of five million won or more for a violation of the Road Traffic Act (driving) at the Goju District Court on June 4, 2013.

On October 6, 2013, at around 22:00, the Defendant driven a C motor vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.09% without obtaining a driver's license from the front of the restaurant in the Dong-dong, Do-dong (b) to the front of the Rinomo-dong in the same location.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of the Acts and subordinate statutes of inquiry reports and investigation reports (attached to a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (3) of the same Act (Article 62 (1) of the same Act on the condition that a person has the previous ability three occasions, and 5 million won or less has been sentenced to a summary order for driving under the influence of alcohol even on May 2013); however, there is no previous criminal record exceeding a fine in the past; there is a need to not repeat a crime while disposing of

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

arrow