logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.09.22 2016고단717
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 3, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with respect to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on April 3, 2013, and on August 26, 2009, the above court issued a summary order of KRW 1.5 million with respect to a violation of road traffic law (driving) and has the record of criminal punishment for four times due to drinking or non-licensed driving.

[2] On May 31, 2016, the Defendant was a person who has violated Article 44(1) of the Road Traffic Act twice or more, and was driving three freight vehicles with D-wing and 3 freight vehicles under the influence of alcohol content 0.078% while under the influence of alcohol in the blood, without obtaining a driver’s license, from around 3km in front of the “Gratan Gan Gan Gannan Gan-dong,” located in the Southern East-dong market of Gangseo-gu, Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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. 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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Aggravated Punishment, etc. of Specific Crimes have a record of having been punished several times due to drinking without a license, driving without license, etc., and the crime is not accompanied by an accident of crime even though it is under probation due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle), and reflects

arrow