logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.06.13 2017고단396
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Changwon District Court on July 6, 2009, issued a summary order of a fine of KRW 4 million for a violation of road traffic law (driving), and on February 23, 2015, issued a summary order of KRW 3 million for a violation of road traffic law (driving) at the Changwon District Court on March 23, 2015 and was punished two times or more for a violation of road traffic law (driving), respectively.

[2] On April 2, 2017, at around 17:00, the Defendant driven three cargo vehicles with B, while under the influence of alcohol alcohol level of about 0.135%, without obtaining a driver’s license, in approximately 3km section from the front side of the Rome-gu, Changwon-si, Changwon-si, Changwon-si, Seoul Metropolitan City, one to the front side of the Roman-gu to the front side of the white-water in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on the circumstances of the driver at the main place, and a report on the detection of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: replys to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (former and confirm);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

There are many kinds of records that have been punished for the same crime.

The accident occurred while drinking or driving without a license.

The favorable circumstances: The crime of this case is against the law.

arrow