logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2015.06.05 2015고정184
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2015 High Court Decision 184]

1. Around 23:00 on January 26, 2015, the Defendant driven a C low alcohol vehicle with a blood alcohol concentration of about 0.213% in the 1km section from the original city to the front road of a restaurant in front of the common and microscopic cafeteria at the original city of the Republic of Korea.

[Judgment of the court below]

2. On April 19, 2015, the Defendant driven a knife vehicle with a knife alcohol concentration of 0.170%, without obtaining a driver’s license, from the 1km section from the knife apartment parking lot located in the original-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Dnife-si”).

Summary of Evidence

[2015 High Court Decision 184]

1. Defendant's legal statement;

1. A report on detection of a motor vehicle driver, and a traffic accident report (1) (2015, 267);

1. Defendant's legal statement;

1. A report on detection of an alien, a traffic accident report (1), and (2);

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on January 26, 2015), 148-2 (2) 2, and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on April 4, 2015), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without the license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between the crimes of violation of the Road Traffic Act due to a drunk driving on April 4, 2015 and the crimes of violation of the Road Traffic Act (free license));

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was a drunk driver and the license was revoked, resulting in a traffic accident by drinking again. Thus, the nature of the crime is bad, but the Defendant should not scrap the vehicle while reflecting the crime, and shall not drive the vehicle again.

arrow