logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.10.21 2020고단1669
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court on August 17, 2018.

【Criminal Facts】

On April 15, 2020, around 06:35, the Defendant driven a clance car while under the influence of alcohol leveling 0.091% in a section of approximately 1.5km from the 1.5km of alcohol level to the clance, which is located in the window dong of Changwon-si, Changwon-si, Changwon-si, a parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

At around 19:30 on July 7, 2020, the Defendant driven a Cran-do car without obtaining a driver’s license in the section of about 15 km near the Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, through the selling dong of the window of Changwon-si, Changwon-si, and through the Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Seowon-si, Seowon-si.

Summary of Evidence

Defendant’s legal statement

"200 Highest 1669"

1. For previous records as indicated in the ruling, a report on the circumstantial statement of a driver with a driver with a driver with a driver's license, a report on the situation of a driver with a driver with a driver's license, a control photograph of the results of the drinking driving control, a report on the control of a driver with a driver's license, a copy of the summary order, a copy of the criminal record inquiry, a report on the situation of a driver without a license of 2020No256,

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant had committed a crime of drinking alcohol again despite the fact that he had a criminal record of driving under the influence of drinking once, and thereby, the criminal nature is good.

arrow