logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.01.28 2014고단4708
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on November 27, 2012, the same court was notified of a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at least twice. On September 27, 2013, the Defendant was sentenced to imprisonment with prison labor for special obstruction of performance of duties at the Gwangju District Court for six months on September 27, 2013 and completed the execution of the sentence at the Gwangju District Court on January 8, 2014. On September 15, 2014, the Defendant took a accumulated alcohol level of KRW 30 million for the vehicle under the influence of alcohol without driving license from around 103 Do-dong through Gwangju Mine-dong, Gwangju District Court at around 103-dong to about 3 km-dong roads.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of each Act or subordinate statute of the criminal records and investigation report (the fact that the suspect is serving for repeated crimes on January 8, 2014 at the end of the immediately preceding term of punishment);

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

arrow