logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.25 2017고단415
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 22, 2008, which was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving), and on May 18, 2015, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (dacting driving) at the same court. On August 12, 2011, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (dacting driving).

On January 14, 2017, the Defendant, without obtaining a driver’s license for a vehicle at around 00:50, driven a 30-meter crocketing car at around the front of the boom building located in front of the boom building located in Changwon-si, Changwon-si, in a state of alcohol content of 0.104% in alcohol during blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

The application of the Act and subordinate statutes to investigation reports on the circumstances of the driver's statement made by the defendant at the court, such as criminal history in the register of driver's license of the motor vehicle.

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1) of the same Act has many criminal records of the same kind as stated in its reasoning, but it has not

5. Article 62 (1) of the Criminal Act on the suspension of execution.

6. The community service order under Article 62-2 of the Criminal Act;

arrow