logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.03.11 2013고단3091
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 22, 2008, the defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Busan District Court on December 3, 2012, a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 3, 201, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the same court on June 18, 2013, and a violation of Article 44 (1) of the Road Traffic Act after being sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (driving without a license) at least twice.

On October 1, 2013, the Defendant, without a driver’s license on October 23:25, 2013, driven B rocketing car at a 200-meter section of the road in the Kimhae-si, under the influence of alcohol content of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds) not only has the record of having been subject to punishment several times due to driving without a license for drinking alcohol. In particular, in the Changwon District Court on June 18, 2013, the Defendant was sentenced to one year of suspended sentence for six months due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Non-Exclusive Driving) at the Changwon District Court on June 18, 2013, and one year of suspended sentence was sentenced to one year of suspended sentence for six months. On the 26th of the same month of the same month, the said judgment became final and conclusive, and the Defendant did not have been aware of the fact that 4 months have not passed from the date when

However, it is recognized that there is a mistake and reflect, and it does not cause a traffic accident due to the driving of this case.

arrow