logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.07 2017고단1848
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

On September 5, 2007, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution for two years, fine of five million won for the same crime at the same court on August 20, 2008, and imprisonment with prison labor for eight months and suspension of execution for the same crime at the same court on September 26, 2014, respectively.

around 03:30 on May 15, 2017, the Defendant driven a car of 200 0.098% alcohol level during blood in the section of approximately 300 meters from May 15, 2017 to the front day of the subsidiary car center located in the same city-won-dong.

around 20:23 on May 6, 2017, the Defendant driven a car in the B Ynish Do, under the influence of alcohol leveling 0.142% from the 10m section of approximately 10m to the 15m Dog-ro 15m, Kimhae-si, Kimhae-si, from the parking lot in the new wall market located in the vice-dong of Kimhae-si, Kimhae-si, to the front road in the Dog-ri Dog-ro of Kimhae-si.

Summary of Evidence

"2017 Highest 1848"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver at the main place of business: "2017 Highest 1951";

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of the driver's license in the main place of business:

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The need for strict punishment in light of the risk of drinking driving, the circumstances in which the defendant has been punished for the same kind of crime five times in favor of him/her: The fact that the defendant recognized the crime and reflects it, and in the case of the case No. 1951 of the Highest 2017 Highest 1951, the defendant is at least ten meters.

arrow