logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2017.11.16 2017고단371
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

Punishment of the crime

[criminal history] On September 30, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), KRW 2.5 million as a same crime in the same court on November 14, 2008, and KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court on September 9, 201, respectively.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven B car at a section of about 3 km to the road adjacent to the Sincheon-gu, Mancheon-gu, Mancheon-gu, Mancheon-gu, Mancheon-gu, Mancheon-gu, Seoul, without a driver’s license, while under the influence of alcohol at around 02:35 on September 13, 2017, at around 0.147% of alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry of the results of crackdown on drinking, notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. A report on internal investigation (including a photograph of evidence, an attached photograph of evidence), and a report on internal investigation;

1. Previous convictions in judgment: Application of the provisions of Part V Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), investigation report (Attachment of drinking and non-licensed power), and summary order;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of protection observation and order to attend lectures is that the Defendant committed the instant crime without being able to commit the instant crime, even though 4 times or more due to driving under influence of alcohol, and 4 times or more due to driving without licenses.

In addition, the amount of alcohol concentration of the defendant's blood at the time of drinking is not lower.

Considering the above circumstances, the defendant should be punished strictly, but the defendant should be punished.

arrow