logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.11.24 2016고단2286
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 9, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on November 9, 2009, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (driving on March 28, 2014).

On July 18, 2016, at around 19:59, the Defendant driven a vehicle with approximately 1.5km from the front of the parking lot for the station for the station for the station for the station of the station of the station of the station of the station of the strike to the front of the station for the station of the station of the station of the strike at the time of the station of the station, to the front of the station of the station of the station of the station of the Gu of the Gu of the Gu of the Pakju, without obtaining a driver license, while under the influence of alcohol

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the register of driving a motor vehicle and driving a motor vehicle;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound);

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. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. Determination of sentence: A person who has a high drinking level, such as two years of suspended sentence, shall be sentenced to imprisonment for ten months, and a person who shall not obtain a license;

Furthermore, the so-called "Minari" case is the so-called "Minari" case.

On the other hand, the defendant committed the crime of this case to move a vehicle upon the request of a drunk baby, and the defendant did not have any criminal record of suspended execution or more.

The defendant has family members to support as a part of the daily employed worker in an economically difficult situation.

In full view of these circumstances, the same sentence as the order is applied.

arrow