logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.17 2017고단3260
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 history] On December 8, 2008, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving), and on February 1, 2010, the same court received a summary order of KRW 4 million from a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving).

[Criminal facts] On August 23, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.095% while under the influence of alcohol without a vehicle driver’s license from the front of the BYC building in front of the BYC building and up to the front of the park in front of the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of drivers working at the driving, report on the circumstances of driving at driving at the driving and the register of drivers' licenses;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the previous convictions);

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 Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

In 195, after the license for the so-called accident is cancelled, there has been a history of punishment for four times or non-licensed driving.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The degree of alcohol is not severe, the distance of driving is not along, and it did not lead to the actual accident.

The previous criminal records were all punished by a fine, and they were recently punished by a fine.

arrow