logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.05.18 2018고단539
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

On September 18, 2008, the Defendant received a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) in the Gunsan Branch of the Jeonju District Court on September 18, 2008, and on June 29, 2017, the Seoul Eastern District Court issued a summary order of KRW 5 million due to a violation of road traffic law (drinking driving).

Criminal facts

On January 28, 2018, the Defendant, without obtaining a driver's license for a motor vehicle, driven a Bbenz motor vehicle at the section of approximately 1 kilometer from the 20000 m2 to 36 m36 m36 m2 in the same Gu, while under the influence of alcohol content of blood at 0.061%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving and control without a license;

1. Each photograph (the list Nos. 7 and 8);

1. Previous conviction: Application of the Act and subordinate statutes concerning the records of the criminal history under paragraph (2) (No. 1 of the list of evidence, No. 2 of the record of evidence, No. 2 of the record of evidence), the part concerning the criminal's previous conviction and statement (No. 9 of the list of evidence, No. 26 of the record of evidence) in the

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant driven a vehicle without a license under the influence of alcohol in spite of three times of criminal punishment due to driving of alcohol, and the liability for the crime is not exceptionally applied.

However, the defendant recognizes the crime of this case and reflects his mistake and is subject to criminal punishment exceeding the fine.

arrow