logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.24 2017고단893
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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] Violation of Road Traffic Act (Drinking in 2010): A fine of one million won for a violation of Road Traffic Act (Drinking in 2017): 2.5 million won for a violation of the Road Traffic Act (Drinking in 2017): the Defendant was under the influence of 0.090% in alcohol while under the influence of 0.090% in blood while under the influence of alcohol during blood without a driver's license; and on March 9, 2017, around 23:5, 2017, the Defendant driven B-Wing car at a section of approximately 100 meters in front of the office of a raw source located in the Chang-gu, Changwon-gu, Changwon-dong, from the front of the road to the front of

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended execution; two years; 40 hours to attend a course; and grounds for aggravation of community service by 120 hours: A short term crime (=a short term crime committed before and after the judgment, one time a fine of the same kind) and other grounds for mitigation: Confession, etc.

arrow