logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.11.22 2017고단1015
도로교통법위반(음주운전)
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

On June 16, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on September 17, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc. in the Changwon District Court Msan Branch, which was sentenced to a suspended sentence of six months.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a C-Mobage car at around October 13, 2017, under the influence of alcohol content of about 0.078% in blood from the 8km section from the front of the apartment at Changwon-si, Changwon-si, G-si, the C-U. M-U. to the front of the death.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture even though the defendant had a history of criminal punishment due to drinking or non-licensed driving, he/she also driven drinking.

Provided, That the punishment as ordered shall be determined by taking into account the fact that the crime is recognized, the alcohol concentration and driving distance of the defendant's blood, the age, sex, environment, motive and circumstances of the crime, etc.

arrow