logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.08.17 2017고단631
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving). On April 5, 2013, the Defendant was notified of a summary order of KRW 4 million for the same crime.

[2] On March 29, 2017, around 04:33, the Defendant driven Bone Starsch Rex six-line line under the influence of alcohol concentration of about 0.223% from the 200-meter section of blood until before the road in front of the fact that the Defendant was under the influence of alcohol with approximately 0.23% of alcohol concentration in the blood.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, internal investigation report (related to the record of driving under influence of the suspect A), investigation report (applicable to the suspect's previous conviction and summary order attached thereto) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered by taking into account the following circumstances, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.

Unfavorable circumstances: An accident occurred due to the high level of alcohol concentration in blood and the shock of other vehicles while driving alcohol.

The defendant has been punished twice for the same crime, and the defendant is driving under drinking even at the time.

On September 6, 2016, the Defendant was sentenced to imprisonment with prison labor for six months as a result of an injury in the Changwon District Court Msan Branch, and the said judgment became final and conclusive on September 14, 2016.

arrow