logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.07.01 2016고단964
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 April 27, 2015, the Defendant issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Changwon District Court on April 27, 2015, and on February 1, 2016, the same court issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act.

On March 20, 2016, the Defendant, without obtaining a driver’s license at around 09:35, driven a BM5 vehicle at the section of approximately 5 km up to the front of the “FFFF” apartment in front of the same Gu, in Chang-si, Chang-si, Nowon-gu, Seoul, with a alcohol content of 0.064%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had the record of having been punished for a violation of traffic laws on roads more than once, as stated in the facts constituting the crime in the judgment, even though he/she was sentenced to a fine for a violation of traffic laws on roads, as well as the record of the crime in the judgment below.

However, the defendant's mistake is pened and reflected in depth, and the driver was not immediately driving immediately after drinking, but was driving after driving the water, and the driver was driving the drinking of this case.

arrow