logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원거창지원 2020.12.09 2020고단143
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 26, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on November 26, 2010. On May 28, 2015, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 12:50 on July 7, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Fpoter freight under the influence of alcohol with a blood alcohol concentration of about 0.087% from the 25km section of approximately 25km to the front road located in the same Gun, through the Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, Ma

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act such as probation, community service order, and order to attend a lecture: The circumstances favorable to the defendant, even though he/she has been subject to two times of punishment due to drunk driving, was under the influence of drinking driving, and the risk of the occurrence of an accident, such as the receipt of 112 reports on the grounds that the vehicle was operated in a remote and remote manner: The defendant's mistake is recognized and contradictory to him/her; there is no other criminal records other than the two times of punishment as a fine; the vehicle has been disposed of; and the vehicle has no other criminal records other than the defendant's age, character and behavior, environment, details of the crime, circumstances after the crime, etc

arrow