(영문) 수원지방법원 안산지원 2017.02.23 2016고단4683

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2017.02.23 2016고단4683

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 11, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act in the early branch of the Chuncheon District Court, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on April 28, 2016.

[2] On August 19, 2016, the Defendant driven a car with Crops under the influence of alcohol concentration of about 0.187% in the blood, without obtaining a driver’s license, from the Do in front of the 3 rural fixed parking lot located in Gangseo-si, 164, the 204-ro 204, the front of the 300-day fixed parking lot located in Gangseo-si, Gangnam-si, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant photographs;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, reporting of the previous convictions of the disposition, reporting of the results thereof, two copies of the judgment, reporting of the previous convictions of the disposition, and reporting of the results

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 alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is that the defendant recognized his/her mistake and reflects his/her mistake, and the fact that he/she was punished for the same kind of crime for the last five years is only one time.

However, even though the crime of this case was committed during the period of suspended execution, the defendant committed the crime of this case (the current suspended execution was revoked), and the defendant has been punished for the same crime several times, and even though he committed the crime of drinking during the period of suspended execution, he/she again committed the crime of this case.

참조조문

유사 판례

-대구지방법원 안동지원 2018.03.13 2018고단9

-부산지방법원 2018.07.18 2018고단1680

-춘천지방법원 강릉지원 2017.09.13 2017고정194

-인천지방법원 2018.05.23 2018고단1093

-청주지방법원 2017.10.26 2017고단1203