logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2016.11.23 2016고단402
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[2016 Highest 402] On August 4, 2016, the Defendant driven a C motorcycle while under the influence of alcohol of about 0.112% of alcohol content at a section of about 3 km in front of the Alim zone located in the same Eup/Myeon of the same Eup/Myeon located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul.

【2016 Highest 404】 On July 13, 2007, the Defendant served a summary order of KRW 300,000 on the charge of violation of the Road Traffic Act in the Changwon District Court’s branch of Changwon District Court on the charge of violation of the Road Traffic Act. As seen above, the Defendant driven a drinking even on August 4, 2016.

1. On August 30, 2016, the Defendant driven a e-100 Oral Sea with a blood alcohol content of about 0.053% while under the influence of alcohol over about 2km from the road located in the Yang Pyeong-gu, Chang-gun, Chang-gun, Seoul, to the road located in the Arabic Pyeong-ri 220-3 of the same Eup.

2. The owner of an automobile in violation of the Guarantee of Automobile Loss Act shall be prohibited from operating an automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated CT-10 Oral Ba, which was not covered by mandatory insurance, at the time and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of each case, reporting on the results of the drinking driving control, and notification of the detection of a non-registered soil contamination (A);

1. Before ruling: Application of inquiry reports on criminal records, etc. (A), investigation reports (former records and attachment of judgment) and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of driving under the influence of alcohol pursuant to 2016 highest 402), 148-2 (1) 1, and 44 (1) (the point of driving under the influence of alcohol pursuant to 2016 highest 404) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and each choice of imprisonment;

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

1. Discretionary mitigation is above the suspended execution under Articles 53 and 55(1)3 of the Criminal Act;

arrow