logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.01.14 2013고단1446
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on December 8, 2008, issued a summary order of a fine of two million won or more due to a violation of the Road Traffic Act, and on April 12, 2010, a summary order of a fine of four million won or more due to a violation of the Road Traffic Act (driving) by the same court on April 12, 201, and on November 19, 2010, a person who violated Article 44 (1) of the Road Traffic Act after having been sentenced to a suspended sentence of six months or more due to a violation of the Road Traffic Act (driving) by the same court on November 19, 201.

On May 15, 2013, the Defendant, without obtaining a driver’s license at around 22:10 on May 15, 2013, operated D Lastren car in the same way from a road on which it is impossible to find out whether it is located in the Kimhae-dong in the state of alcohol concentration of 0.094%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of Acts and subordinate statutes of the judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

6. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is that the Defendant is extremely poor, without being aware of the fact that he had been punished four times (one time a suspended sentence of imprisonment and three times a fine) due to driving without a drinking license since 2008.

However, it is advantageous to the fact that the defendant has mistakenly recognized and reflected, that there is no traffic accident due to the driving of this case, and that there is a family member to support.

arrow