logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.08.13 2018고단28
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 Force” On September 28, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Seoul Central District Court, and on June 9, 2017, the Defendant was issued a summary order of two million won of fine as a crime of violating road traffic laws at the first branch court located in the Chuncheon District Court.

[Criminal Facts]

1. On January 21, 2018, from around 12:00 to 21:38 of the same day, the Defendant driving a motor vehicle in the column B without obtaining a driver’s license at the intersection where approximately 74.5 km of the Jin-gun, Jin-gun, Jin-gun, 129 (129), both of which pass through a restaurant at Yangyang-gun, Yangyang-gun, Jin-gun, Do, 327-22 as in the East Sea, and the Jin-gun, Jin-gun, Sin-gun, is located at the intersection.

2. On January 21, 2018, the Defendant was under the influence of alcohol by 0.169% in a section of about 30km from the 30km to the intersection where the high-grade death king located in the 3277-22, as at the port of Yangyang-gun, Yangyang-gun, Yangyang-gun, which was located in the 3277-22 in the East Sea. The Defendant driven the said car while under the influence of alcohol by 0.169% in alcohol concentration in blood.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking, notification of the results of regulating drinking driving, and the register of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, the application of the relevant summary order and the copies of the judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services;

arrow