logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.07.14 2017고단660
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

On January 4, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court’s Tong-gu branch on January 4, 201, and on August 29, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (dact

On April 24, 2017, the Defendant driven BOba while under the influence of alcohol content of about 0.073%, without obtaining a motor device license from approximately 500 meters section of 50 meters to the apartment road before he/she was found from the front of the Han-dong in Sabagu, Sabari-dong on the road in the Sabasi-dong at the Sabasi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been punished three times by a fine due to drinking or non-licensed driving; (b) the Defendant is under the time of the instant crime; (c) the Defendant’s blood alcohol concentration was relatively high; and (d) the Defendant has no record of criminal punishment beyond a fine, etc., taking into account the circumstances favorable to the Defendant; and (c) other conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc.

arrow