logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.05.09 2013고단1268
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 2, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on October 2, 2007, and was sentenced to a fine of two million won for the same crime at the same court on January 20, 2012.

【Criminal Facts】

On March 8, 2013, while under the influence of alcohol by 0.132% without a driver's license, the Defendant driven a C chip car in the name of the mother of the Defendant in the name of B from the front day of the mutual infungdong in Gwangju Northern-dong to the front day of the same fungdong in the same Gu Pungdong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant was punished three times due to the crime of drunk driving, which is a crime of the same kind of crime in the past, repeats the crime of this case, and even if the defendant during the above driving, caused a traffic accident that meets pedestrian signal, etc., it seems that the defendant requires strict punishment against the defendant. However, the defendant's mistake is divided and contradictory to his own mistake, while the defendant has been punished five times a fine, there was no previous offense other than the above fine, but for the same crime, there was no previous offense other than the above fine, and the defendant transferred the above vehicle under his mother's name to the motor vehicle trading company, and drinking or unlicensed driving again.

arrow