logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.05.14 2020고단1074
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 12, 2015, the Defendant received a summary order of KRW 3 million from the Changwon District Court as a crime of violating the Road Traffic Act.

On April 2, 2020, at around 23:23, the Defendant driven an Eystren car at approximately 800 meters in the direction of alcohol alcohol concentration of 0.113% from the 800-meter section of the Jinhae-gu D apartment, Changwon-si, Changwon-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the prohibition on drinking at least once.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, and identical previous convictions as major sentencing factors; and (b) the Defendant’s perception of the Defendant’s mistake and desires not to mislead the Defendant again; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc. comprehensively taking into account all the sentencing conditions as indicated in the arguments, such as the Defendant’s age, character and behavior, environment

arrow