logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.07.14 2015고단4313
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

On August 9, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 100,000 as a crime of violating the Road Traffic Act, and on February 24, 2014, the same court issued a summary order of KRW 4 million as an identical crime.

On June 2, 2015, the Defendant, without obtaining a driver's license of a motor vehicle on June 23:37, 2015, driven a B-bridge under the influence of alcohol content of 0.263% in blood, and proceeded with approximately 500 meters from the front of the air base in Seo-gu Incheon, Seo-gu, Incheon to the roads prior to the transformation station at home, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: The results of inquiry, the investigation report (Attachment of a copy of the summary order), and the application of Acts and subordinate statutes of the summary order attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course, even though there were two or more criminal records of the same kind of crime, and even if there were a number of criminal records for road traffic laws, the crime of this case committed under the influence of alcohol without a driver's license, and the nature of the crime is not easy. However, the driving distance is relatively short, the violation of other traffic-related Acts and subordinate statutes, the fact that the latter does not reach the point of violating other traffic-related Acts and subordinate statutes, the latter’s age, sex, occupation, environment, and other circumstances.

arrow