logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.09.11 2018고단2813
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 30, 2010, the Defendant was sentenced to a suspended sentence of five months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court, and on February 25, 2013, the Defendant was issued a summary order of two million won by the same court as a crime of violating the Road Traffic Act.

On July 9, 2018, while under the influence of alcohol content 0.083% from blood transfusion around 22:03, the Defendant, without a vehicle driver’s license, driven a Bnib-coo vehicle at the section of approximately 8km from the sloping area in the Seo-gu, Gwangju to the roads front of the same Gu-ro (Gu-ro) in the same Gu-ro (Gu-ro).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was punished seven times due to drinking or non-licensed driving prior to the instant case; the Defendant was sentenced to two years of suspended sentence in 8 months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2004; and the Defendant again committed the instant crime without being aware of two years of suspended sentence due to drinking or non-licensed driving, even though he was sentenced to two years of suspended sentence due to a non-licensed driving in 2010.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

arrow