logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2020.02.06 2019고단1508
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

On September 25, 2019, the Defendant, without obtaining a driver’s license on September 19:5, 2019, driven a Fpoter truck with no blood alcohol level of 0.105% at approximately 15 km section from the Do in front of the Gyeong-dong, Gyeong-gun, Gyeongcheon-si, to the front road of the “E cafeteria” located in Scheon-si D through private-si, Gyeongcheon-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, the register of driver's licenses, and mandatory insurance;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act with heavier penalty) ;

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

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

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, records such as the blood alcohol concentration, driving distance, circumstances leading to driving, the status of the defendant at the time of driving, the previous records of punishment of the defendant, etc. and the arguments in this case.

arrow