logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.08.17 2017고단1239
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 15, 201, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on July 15, 201, and was punished on November 29, 201 by imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Sungnam Support Center, etc. on November 29, 2016, and two or more occasions by a suspended sentence.

Nevertheless, around March 25, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.077% while under the influence of alcohol without obtaining a driver's license in the 1km section from North Korea to that of the same east-gu, Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City") around 22:23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drinking drivers, report on the results of regulating drinking driving, and report on the circumstances of driving without licenses;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (formers and confirmations), summary information inquiries, and application of the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be sentenced to punishment in light of the fact that he/she has been punished several times for the same kind of crime for sentencing of Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances) and, in particular, committed the crime of this case during the period of suspension of execution of the same kind of crime as the above judgment.

However, if the judgment of this case becomes final and conclusive, the sentence shall be determined in consideration of the invalidation of the suspended execution of the above judgment.

arrow