logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.04.25 2016고단5505
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On April 30, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Jung-gu District Court on the following grounds: (a) on April 15, 2014, the Defendant was sentenced to a suspended sentence of one year for the same crime in the same court; (b) on November 24, 2016, the Defendant was sentenced to a suspended sentence of two years for the same crime; and (c) on March 24, 2017, the Defendant was sentenced to ten months of imprisonment for the same crime in the same court and the said judgment became final and conclusive.

[2] On September 14, 2016, the Defendant, who violated the prohibition of driving under the influence of alcohol twice or more, driven a liquid e-car in the state of alcohol while under the influence of alcohol with approximately 150 meters alcohol concentration of 0.145% without obtaining a driver’s license from the front side of the Dogjin-Jacheon-si, Seocheon-si, Macheon-si, to the front side of the Dogjin-si, Macheon-si, Macheon-si, the Defendant driven a e-car in the state of alcohol while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and confirmations), previous convictions in disposition and results of confirmation, and Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of an alternative fine for punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of violation of Road Traffic Act, which became final and conclusive on March 24, 2017)

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 6 of the Criminal Act [the principle of equity in cases where a judgment is rendered simultaneously with a crime of violating Road Traffic Act, for which a final judgment has become final and conclusive] following concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for and unfavorable circumstances of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The criminal records of the driving force of drinking alcohol, twice the driving force without a license, and two times before and after the same suspended execution (the criminal records of the latter two concurrent crimes after Article 37 of the Criminal Act).

arrow