logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.05.30 2013고단640
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2007, the Defendant issued, at the Seoul Northern District Court, a summary order of a fine of three million won for a violation of the Road Traffic Act, etc., and on August 4, 201, at the same court, a summary order of three million won for a violation of the Road Traffic Act.

On February 2, 2013, the Defendant, at the construction site of Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, driven C Tran car while under the influence of alcohol concentration of 0.127% without a car driver’s license, at the 10km section of approximately 10km to the 71-5 road for children of Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to a summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the circumstances where the defendant with the reason of sentencing under Article 62-2 of the Criminal Act is often punished due to drinking or unlicensed driving, the defendant is in profoundly against the crime of this case, and the defendant is scrapped for not committing again, etc., a punishment shall be determined like the order, considering the favorable circumstances.

arrow