logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.02 2018고단2053
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 January 29, 2013, the Defendant received a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on July 29, 2010, issued a summary order of KRW 3.5 million for the same crime by the same court.

[Criminal facts]

1. Around 02:50 on December 25, 2017, the Defendant driven a Brocketing car under the influence of alcohol concentration of about 0.131% without a driver’s license, from the road near the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the road near the same funeral 45 square meters away from the road near the same road.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Bunst Motor Vehicle.

No person shall operate any motor vehicle on a road, which has not been mandatory insurance.

Nevertheless, the Defendant operated the said vehicle on which mandatory insurance was not subscribed at the same time and at the same place as the entry in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

arrow