logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.27 2017고단2661
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On March 31, 2014, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the same court on August 18, 2015.

[Criminal facts] On July 3, 2017, the Defendant driven B cambage vehicle under the influence of alcohol leveling 0.079% from around 2km to around 3, 2017, where it is difficult to find out the trade name in the camb, Kim Jong-si, Kim Jong-si, and from around 01:30 to the front road of the cambage sports park in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of any violation of traffic laws on roads and a statement in the circumstances of the driver who takes the driving;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

The above-mentioned criminal records are within the past five years.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The distance of driving without the degree of alcohol is also driving.

The accident did not lead to the actual accident.

The same criminal records as mentioned above have been sentenced to a fine, and there are no criminal records of suspension of execution or more.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered.

arrow