logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.11.02 2018고단1786
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 2, 2008, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for the same crime in the same court on January 18, 2012, as well as a fine of KRW 1 million for the same crime.

Although the Defendant had been able to violate the drinking prohibition provision two or more times, on August 4, 2018, the Defendant driven C Coin vehicle under the influence of alcohol level of about 0.144% while under the influence of alcohol level of about 30 meters, without obtaining a driver’s license, from the water tank to the Paris car construction road located in the same Dong from the water tank.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (victim D telephone communications);

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

1. A traffic accident report (1) (2) (2)

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous conviction in judgment: Application of a written reply to inquiry, such as criminal history, etc., summary order of approximately 14006, and summary order of approximately 10566, written summary order of about 2008;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The following circumstances are taken into account: (a) the Defendant’s reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(2) main text of Article 62-2(1) and Article 59 of the Act on the Protection, Observation, etc. of Military Service Orders and Order to Attend Education three times; (b) the Defendant’s previous conviction without a license is three times; and (c) the Defendant caused a traffic accident while drinking or driving without a license and causing a traffic accident to cause physical damage to the victim.

One drinking and unauthorized driving distance is short, and the defendant is the victim of a traffic accident separate from compensation through comprehensive vehicle insurance.

arrow