logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.05.12 2017고단309
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 March 14, 2016, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on March 14, 2016, and a summary order of KRW 5 million for the same crime, etc. on October 24, 2016.

[Criminal facts] The Defendant is a marine transport unit located in the Gero-si, Gero-si, Gero-si, on March 9, 2017

From the front day of the house to the 1.5 km-dong of Samsung F&S, Samsung F&S, which is located in the ancient city, driven a car B-S without obtaining a driver's license in the state of alcohol concentration of about 0.131% under the influence of alcohol during blood, from around the 1.5 km-dong to the front day of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment to the summary order, etc. of the same paper);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment: Imprisonment with prison labor for up to one year and six months;

2. The fact that the Defendant was sentenced to a fine on three occasions due to driving without a license for drinking, and the Defendant’s blood alcohol concentration is relatively high is disadvantageous to the Defendant.

However, the defendant's time to commit the crime of this case, and the fact that the defendant has no record of criminal punishment exceeding the fine, etc. shall be considered as favorable to the defendant, and the age and age of the defendant.

arrow