logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.12.22 2017고단3568
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 30, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving in drinking), on July 23, 2010, a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving in drinking), and on March 28, 2016, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving in driving in drinking), at the common support of the Changwon District Court, on March 28, 2016.

On August 31, 2017, while under the influence of alcohol level of 0.068% from the blood alcohol level of around 19:00, the Defendant driven a B-learning car at a section of about 1 km to the front road of the East Asia industry, which is located in the same Ri from the day before the mutual Buddhist sperm in the front side of the Kimhae-si, without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture is to repent and reflect the Defendant’s mistake in depth, and there are several circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime, and the Defendant has been punished for drinking or driving without a license. In addition, the Defendant determined the same sentence as the disposition, taking into account the following factors: the means and results of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, intelligence, environment, etc., and various conditions of sentencing as shown in the oral argument.

arrow