logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.08.23 2019고단660
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 26, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court, and on November 20, 2017, the Defendant issued a summary order of KRW 4 million as a fine at the Jeju District Court for the same crime.

【Criminal Facts】

On March 27, 2019, at around 18:30, the Defendant driven two gallons with DNA alcohol concentration 0.11% without obtaining a driver’s license from around 18:50 meters in front of a restaurant in which it is impossible to know the trade name in Seopo City B, Seopo City, from around 18:50 on the same day to the front road of Cinpo-gu.

Therefore, even though the defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as reports on the state of the driver's licenses, investigation reports, records on the state of the driver's licenses, records on the state of the driver's licenses, reports on the state of the driver'

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018 and enforced March 28, 2019; hereinafter the same shall apply), Article 152 (1) and Article 43 of the former Road Traffic Act concerning the crime;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize and reflects the defendant's mistake, the defendant's previous convictions are three times the criminal records of the same kind of fine, the degree of the taking, and the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as the order of the punishment as shown in the records and arguments of this case.

arrow