logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.11 2017고단686
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

On March 16, 2007, the defendant was issued a summary order of KRW 700,000 by the Changwon District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on August 11, 2008, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the same court on August 11, 2008, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking on November 9, 20

On February 22, 2017, the Defendant, without obtaining a driver’s license, driven a car with approximately 15 km C 15 kilometers in front of the Jindong-gu 16 apartment house located in the Jindong-gu, Jindong-si, Jinwon-si, Jinwon-si, Kim Young-si, with a alcohol content of 0.063% in alcohol during blood, without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate 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 for Reduction of Quantity (i.e., the fact that the Defendant committed a misunderstanding that the Defendant would not repeat the crime in the future, and that there was no record of punishment heavier than the fine before, and that there was no higher amount of alcohol content among the blood of the Defendant at the time of committing the instant crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

arrow