logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.03.14 2017고단71
도로교통법위반(음주운전)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Changwon District Court's Seongbuk Branch on January 28, 2009, and a fine of KRW 2 million for a crime of violation of road traffic law in the Changwon District Court's smuggling support on February 19, 2009. On January 19, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of road traffic law in the Changwon District Court's Changwon District Court's smuggling support on March 19, 201, and was sentenced to a suspended sentence of 6 months for a crime of violation of road traffic law (driving of alcohol) and was sentenced to three times the punishment for drinking.

[Criminal facts] On January 7, 2017, the Defendant, at around 13:40 on around 13:40, driven a B street while under the influence of alcohol content of approximately 0.052% from the 2km section of blood alcohol to the front road of the Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-do.

Summary of Evidence

1. Report on the circumstances of driving under the defendant's legal statement, inquiry into the results of crackdown on driving under drinking, and report on the circumstances of driving under the influence of alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (subject to the application of drinking-free circumstances);

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

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: The punishment for the same crime, including the punishment of probation, has been committed three times, but the crime of this case has been committed.

The favorable circumstances: The crime of this case is against the law.

The amount of alcohol concentration in blood is not high.

The most recently punished punishment is not less than 6 years.

arrow