logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.02.01 2017고단1512
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 9, 2007, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and on November 25, 2009, issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on November 25, 2009, and on February 25, 2014, the Defendant received a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (dacting driving) from the Changwon District Court’s Tong Branch Branch on February 25, 2014 and received a summary order of KRW 5

[2] On September 1, 2017, the Defendant driven a BM520 vehicle under the influence of alcohol content 0.116% under the influence of alcohol on a section of about 300 meters from the front of the Pyeongtaek-dong at the Gyeong-dong, Gyeong-gu, Seoul, to the opening of the back of the crocus apartment in the same Dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of crime and reporting thereon);

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. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the crime of drinking alcohol driving in spite of his/her past record of criminal punishment of a fine of three times due to drinking driving.

However, in light of the fact that the defendant recognized the crime of this case, there is no record of criminal punishment exceeding a fine, the amount of alcohol concentration and driving distance of the defendant's blood, and other factors, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment is imposed as ordered.

arrow