logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.06.05 2013고단642
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 18, 201, the Defendant issued a summary order of KRW 2.5 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million at the Changwon District Court on March 22, 2012 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 11, 2013, the Defendant, without obtaining a driver’s license on March 11, 2013, driven B rocketing car at approximately 200 meters in front of the hospital located in the same Dong and located on the road from the lower day after the lower day after the lower day of the blood alcohol concentration of 0.053% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related 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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Act on Probation and Order to Attending, the execution of a sentence shall be suspended, taking into account the following factors: (a) since 2008, the Defendant’s reason for sentencing under Article 62-2(1) of the Act on Probation and Order to Attending, without being aware of the fact that the Defendant had been punished three times due to drinking driving or two times due to unlicensed driving, but the same crime should be repeatedly punished without being aware of the fact; (b) there is no criminal record more than the fine; (c) there is no criminal record; and (d) the Defendant’s workplace rent has

In addition, probation and lecture order are added in order to encourage the eradication of drinking and unlicensed driving.

(b) for more than one year.

arrow