logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2016.07.20 2016고단523
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

On July 4, 2007, the Defendant received a fine of two million won or more for a violation of road traffic laws (drinking driving) from the Changwon District Court’s Tongwon District Court’s branch on July 4, 2007. On December 22, 2009, the Defendant received a fine of two million won or more for a violation of road traffic laws (drinking driving) from the Changwon District Court’s branch on December 22, 2009. On April 29, 2016, the Defendant requested a formal trial after receiving a summary order of six million won or more for a violation of road traffic laws (drinking driving) from the Changwon District Court’s branch on June 10, 2016. However, on June 10, 2016, the Defendant violated the prohibition of drinking, such as receiving a fine of six million won or more for a violation of road traffic laws (drinking driving).

However, on May 15, 2016, the Defendant driven a car with approximately 200 meters of 19:30 meters from the Samwon-si public parking lot located in Samwon-si, the Changwon-si, and in the Eup/Myeon in the same Ri, under the influence of alcohol level of 0.174% during blood, without obtaining a driver’s license, from May 15, 2016, to the first apartment road in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The motor vehicle driver's license ledger to the defendant;

1. Records of judgment: Application of an inquiry letter, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, and report on investigation (report on attachment of a copy of the same type of judgment attached thereto);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (which acknowledges and reflects his mistake, is a physically disabled person, has no record of the suspension of execution or higher, scraps a motor vehicle driven by the defendant, and does not drive the motor vehicle again, or not drive the motor vehicle without a license;

(3) such consideration as the

1. The Criminal Act, the suspension of execution;

arrow