logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.01.25 2017고단1637
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 19, 2009, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking) at the Changwon District Court’s Tongwon District Court’s branch on the same day. On March 12, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime. On February 24, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.

[2] On October 25, 2017, the Defendant, without a driver’s license, violated two or more times by driving alcohol, but was under the influence of 0.181% of alcohol during blood, and was driving B K3 cars from the day before the welfare store in the city-si and the day before the apartment site in the same city-wide-dong to the day before the apartment site.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on internal investigation and a report on internal investigation (attaching photographs at the enforcement site);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. The reason for sentencing in Article 62-2 of the Criminal Act of the community service and the order to attend lectures was revoked due to the driving of drinking, and the criminal punishment of the three-time fine due to the driving of drinking, however, the driving of a motor vehicle without a driver's license was committed.

However, it is against the defendant's recognition of his own crime and there is no record of criminal punishment heavier than a fine.

The defendant's blood alcohol concentration, driving distance, and other age, sex, environment, and motive and means of committing a crime.

arrow