logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.07.06 2017고단343
도로교통법위반(음주운전)등
Text

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

[Power of crime] The defendant was issued a summary order of KRW 1.5 million by the Changwon District Court on June 30, 2008 for a violation of road traffic law (driving), and a fine of KRW 3 million by the Daegu District Court Port Branch on October 20, 2015 for the same crime.

[2] On February 27, 2017, around 10:44, the Defendant driven a c motor vehicle under the influence of alcohol concentration of about 0.075% in blood without a driver’s license on the section of about 1km from the day before the mutual influence in the vicinity of the west Coastal Highway, Seodo-si, Seogdo-si, Seogdo-si, Seogdo-si, Seogdo-si, the west Coastal Highway to the west Coastal Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol (report on detection of drivers of drinking alcohol), and a statement in the circumstances of drivers of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (verification of the records of punishment for driving under drinking not less than twice) and investigation report (Attachment to a summary order for driving without a license), and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Even though the reason for sentencing of Article 62-2 of the Criminal Act of the community service and order to attend lectures has five times the criminal records of criminal punishment on the ground of drinking or non-licensed driving, the crime of this case is not good.

However, it appears that the defendant recognized the crime of this case, there is no record of criminal punishment heavier than a fine, the amount of alcohol concentration and driving distance of the defendant's blood, other age, sex, environment, motive and background of the crime, and circumstances after the crime.

arrow