logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2018.10.24 2018고단162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On August 18, 2008, the Defendant was notified of a fine of KRW 2 million for a crime of violation of road traffic law at the Changwon District Court. On February 11, 2009, the Defendant was sentenced to a fine of KRW 4 million for the same crime. On March 23, 2015, the Defendant was notified of a fine of KRW 5 million for the same crime in the Changwon District Court’s branch support.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) around July 3, 2018, around 09:50, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 3km from the 3km section to the roads of the Shodong branch located in the same Eup/Myeon located in the same Eup/Myeon, Changwon-gun, Chungcheongnam-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City) through the roads adjacent to the Changnam branch of the same Eup/Myeon, which are located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, notification of the results of regulating driving of drinking alcohol, statement of the circumstances of drivers of drinking alcohol, and investigation report (report on the circumstances of drivers of drinking alcohol);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (the confirmation of the previous history), and copies of summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as protection observation, order to attend a lecture, and order to attend a community service order: The driving of drinking again even after having been punished for drinking three times in the previous criminal facts as stated in the judgment, which are favorable to the high level of alcohol level during blood: The defendant's mistake and reflects his/her mistake, and the defendant has no criminal record of suspended execution or more: The defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are comprehensive.

arrow