logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.05 2016고단1993
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court on the grounds of a violation of the Act on Punishment of Violences, etc., and completed the execution of the sentence at the Seoul Detention Center on November 27, 2013.

On May 12, 2016, the Defendant was sentenced to imprisonment with prison labor for an injury in the Seoul Southern District Court on May 12, 2016 and the Defendant appealed and is still pending in the appellate trial.

[2] On December 18, 2015, at around 06:54, the Defendant driven a PA640 TDI quat car without a driver’s license while under the influence of approximately 10km alcohol content from the 10km section from the road in the domicile of the Gangnam-gu Seoul Metropolitan Government Cheongdamdong to the road in front of the Nowon-gu Seoul Special Metropolitan City Nowon-ro 450.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: Report on the results of confirmation of previous convictions and results of investigation (attached to attached documents, such as indictments and particulars of identification, - indictments No. 51046, 2015, 2015, 2015, hereinafter referred to as the "written indictments"), investigation reports (attached to the previous rulings - 11754, 2005, 1886, 2007, 208, 2486, 208, hereinafter referred to as "one copy of the previous rulings"), inquiry reports, results of confirmation of previous convictions of disposition - The results of confirmation of previous convictions of disposition - the application of statutes applicable to the search of the Supreme Court)

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crimes of violating the Road Traffic Act which require more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for not less than six months nor more than two years; and

2. Determination of sentence: Imprisonment with prison labor for not less than six months (or under favorable circumstances) and the punishment for the suspension of execution shall be imposed;

arrow