logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.04.13 2018고단239
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

On November 5, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million and a fine of KRW 2.5 million with the same crime in the same court on September 6, 2010, respectively, at the Changwon District Court.

Although the Defendant had been punished for drinking driving two times, he once again driven a 8m-meter C Grand vehicle at the 109 parking lot, in the 109-dong 109-dong Gabing apartment 109, in the state of under the influence of alcohol content of around 22:56 on January 27, 2018, while under the influence of alcohol content of 0.124%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol and reports on the detection of drivers;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Although the defendant had the same record of sentencing under Article 62-2 of the Criminal Act, the punishment as the order shall be determined in consideration of the fact that the crime is recognized and reflected, the circumstances leading to the crime, driving distance, family relationship, etc.

arrow