logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.27 2017고단2880
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 Records of Crimes】 On October 18, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act, and on March 25, 2013, by the same court, a fine of KRW 2 million for a crime of violating the Road Traffic Act.

[Criminal Facts]

1. On August 9, 2017, the Defendant was under the influence of alcohol at around 30 meters from the 30-meter section of alcohol to the front road of the entrance of the apartment complex in a new apartment complex located outside of Kimhae-si, Kimhae-si on August 22:30, 2017, the Defendant driven without registration 80 occba in the state of under the influence of alcohol at around 0.20% from the 30-meter section of alcohol.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving the above urbly under the influence of alcohol in violation of the above provision.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated 80 Oba, which was owned by the Defendant, on the road, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Mandatory insurance certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) (the point of drinking alcohol) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile not covered by mandatory insurance), and each choice of imprisonment;

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

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 is that the defendant has been punished not less than four times due to drinking (one time among them within the last five years).

arrow