logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2019.09.11 2019고단204
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Changwon District Court's branch on April 20, 2016, and the said judgment became final and conclusive on April 28, 2016, and was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the same court on October 12, 2016 during the period of suspended execution, and the said suspended execution was invalidated on January 22, 2018.

【Criminal Facts】

On June 13, 2019, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a de de facto 100ccoccina with no license plate that was not subscribed to mandatory insurance without obtaining a driver’s license in the 3km section of approximately 0.188% of blood alcohol level from the road in front of the Kim Chang-gun Kim Chang-dong Kim Chang-gun, Seoul Special Metropolitan City, to the 3km-gun, Seoul Special Metropolitan City, the south-do Central Farm-ro, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Receipts (Sales of Laos);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and copies of judgment;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Imprisonment with prison labor for each choice of punishment;

arrow