logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.06.14 2013고단2197
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] The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on November 7, 2008, and was sentenced to a fine of one million won for the same crime in the same court on May 25, 2011.

【Criminal Facts】

On March 13, 2013, the Defendant, without obtaining a driver’s license at around 03:42, driven a DNA car at a section of approximately 2 km to the roads front of the National Airport in the direction of the airport in the Dongjak-gu Seoul, Dongjak-gu, Seoul, on the front of the Gangnam-gu, Seocho-gu, Seoul, under the influence of alcohol by 0.104% of the blood alcohol concentration without obtaining a driver’s license.

Accordingly, even though the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he again driven without a license while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry 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 on probation and order to attend a lecture is that the defendant committed the crime of this case at another time despite the history of punishment for drinking driving or driving without a license, and that the defendant's blood alcohol concentration is relatively high. However, the nature and circumstances of the crime are not good. On the other hand, the defendant's support for his her her son and children, which entails excessive difficulty for her family members, and the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, etc.

arrow