logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.09.05 2014고단1240
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 19, 2006, the defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court, on February 9, 2009, a summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 9, 2009, and on March 8, 2010, a fine of 3 million won by the Changwon District Court on March 8, 2010, respectively.

Although the Defendant had been punished twice or more due to drinking driving as above, the Defendant driven a car at the C highest level while under the influence of alcohol content of about 0.100% at a section of about 50cc at the front of the public parking lot of the Grandyang cafeteria, which is located in the Gyeongnam Kim-si, Kim Jong-si on April 1, 2014, at around 22:57.

Summary of Evidence

1. Defendant's legal statement;

1. No. 3 of the evidence list submitted by the prosecutor;

1. Before judgment: Application of the above evidence list Nos. 5 and 6;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);

1. Selection of imprisonment with prison labor which is chosen (not later than before the market);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that a criminal defendant is parked immediately in a restaurant parking lot and attempts to commit the instant crime, not to go to the road, and that there is no record of criminal punishment heavier than that of the suspension of the execution of the same crime and that no further repeats

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow