logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.23 2017고단3635
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2010, the Defendant received a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 23, 2010, and on May 10, 2017, the Defendant was sentenced to imprisonment for six months for a crime of violating the Road Traffic Act and was sentenced to two years for a suspended sentence on May 18, 2017, and the said judgment became final and conclusive on May 18, 2017.

On July 29, 2017, around 22:10, the Defendant driven B chip XG car while under the influence of alcohol with approximately 0.140% alcohol concentration in blood without obtaining a driver’s license from the section of approximately 300 meters from the front line of Young-gun, Young-gun, Eupho-si, Nam-gun, Nam-gun, the two parallels to the 300-ro 175, and the 300-meter from the front line of the two parallels to the front line of the agricultural city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the detection of a suspected violation of the Traffic Act on the road and the details of the control;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same type) statute;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as "the grounds for sentencing") have been sentenced to a suspended sentence of imprisonment with prison labor for the first head, which was held that the defendant committed a crime of drinking, on several occasions, and was sentenced to a suspended sentence of imprisonment with prison labor for the first head, which was held that the defendant committed a crime of drinking, and the defendant committed a second offense. At the time of the crime of this case, the defendant's blood alcohol concentration was considerably high, so it is inevitable to sentence the defendant as to the crime.

However, the defendant is wrong.

arrow