logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.09.23 2015고단1086
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On September 22, 2008, the Defendant issued a summary order of a fine of one million won at the Changwon District Court for a crime of violation of the Road Traffic Act. On October 15, 2014, the Defendant was issued a summary order of a fine of four million won at the Changwon District Court for a crime of violation of the Road Traffic Act.

On April 25, 2015, the Defendant: (a) around 23:00, on the road of the Ptotopy apartment located in the Gambadong, Kimhae-si, and (b) operated a car under the influence of alcohol by 0.109% under the influence of alcohol without obtaining a driver’s license for a section of approximately 1km from the front of the Ptopy apartment in front of the Gambadong in the Kimhae-si, Kimhae-si to the front of the

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act, reports on exposure to driving, reports on the status of driving drivers, and reports on the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act includes not only the record of being sentenced to a fine for a violation of the Road Traffic Act, but also the record of being sentenced to a fine for the same kind of crime. Despite the record of being sentenced to a fine twice for a violation of the Road Traffic Act (unlicensed driving), the defendant again commits the crime of the same kind of crime, and the fact that the blood alcohol concentration level at the time of driving of the instant case is high is the reason for sentencing unfavorable to the defendant.

However, the defendant.

arrow