logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.21 2017고단3734
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 15, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on December 3, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

[Criminal facts] The Defendant, without obtaining a driver’s license on June 2, 2017, driven a motor vehicle with a 3 kilometer dPoter from the front of the Suwon-si Station B to the front of the Suwon-si Station C in Suwon-si, under the influence of alcohol level of 0.199 percent during blood, while under the influence of alcohol leveling from blood.

Accordingly, the defendant, who was punished for driving under drinking not less than twice, once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is [the scope of punishment] [the decision of sentence] from six months to one year and six months of imprisonment [the decision of sentence] The crime committed during the suspended execution period after being sentenced to one year to four months of imprisonment on November 4, 2016 due to the violation of the Electronic Financial Transactions Act, which was committed on November 4, 2016, the crime committed during the suspended execution period after being sentenced to one year of the suspended execution, the small amount of three C in the small amount of alcohol, the high amount of alcohol concentration during blood while driving without a license, and other conditions of sentencing indicated in the record, such as the defendant's age, sexual behavior, environment, motive and circumstances after the crime.

arrow