logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.03.14 2017고단67
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

[criminal history] On October 24, 2008, the Defendant was sentenced to imprisonment for four months and two years of suspension of execution for a crime of violating road traffic laws at the Changwon District Court on December 24, 2010. On December 24, 2010, the Defendant was sentenced to imprisonment for six months and two years of suspension of execution for a crime of violating road traffic laws at the Changwon District Court on December 24, 201, and on January 5, 2012, he was sentenced to a fine of ten million won due to a violation of road traffic laws at the Changwon District Court on January 5, 2012.

[Criminal facts] On January 5, 2017, the Defendant driven Bsch-ton car at approximately 500 meters alcohol concentration from the 500-meter section to around 50 meters away from the 500-meter section of blood, on the road front of the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun, a Cheongdo-gun.

As a result, the Defendant was a person who has driven a motor vehicle twice or more times, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Report on the circumstances of driving under the defendant's legal statement, inquiry into the results of crackdown on driving under drinking, and statement of the situation of the driver under the influence of alcohol;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (Attachment to criminal records of the same kind and written judgments of the suspect);

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. 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.

Unfavorable circumstances: Five times the person has been punished for the same crime, including the punishment of probation.

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

Considering that punishment for the same crime has not been more than five years.

arrow