logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.06.01 2018고단862
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 history] On July 15, 2013, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a crime of violating road traffic laws, and a summary order of KRW 2.5 million from the same court on October 16, 2017 to a fine of KRW 2.5 million for a crime of violating road traffic laws.

[2] On March 28, 2018, around 23:55, the Defendant driven a Crash car without obtaining a driver’s license in the direction of approximately 300 meters of alcohol while under the influence of alcohol level of about 0.126% from the 300m section of alcohol level to the road in front of the 154 high-quality convalescent care hospital, Jin-si, Jin-si, Seoul Special Metropolitan City, 124, Jinnam-do, the head of the Gu.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal written statement, written statement of the situation of the driver in charge, and investigation report (written report of the driver in charge of the State); and

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of a summary order for the same type of crime), application of a copy of each summary order, and application of statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

In addition, the driver's license for the driver's license for the driver's license for the driver's license is revoked at once.

The Defendant repeats the same kind of crime for a short period of time in that such criminal records are within the past five years.

I would like to say.

(b) alcoholic beverages;

arrow