logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.06.27 2014고단430
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on October 11, 201, sentenced a fine of two million won for a violation of the Road Traffic Act, and on June 27, 201, the same court issued a summary order of three million won for the same crime, etc. on the same day. On June 14, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc. at the same court.

On January 21, 2014, at around 18:00, the Defendant driven a ecoo vehicle B while under the influence of alcohol content of about 0.137% at a section of approximately 700 meters from the day before the public bath for bath in the Jinhae-si, Changwon-si to the front road of Korean car service located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. No. 5-8 of the evidence list submitted by the Prosecutor (hereinafter “Evidence List”).

1. Previous convictions in the judgment: the application of the law No. 12-14 to a list of evidence;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the Defendant’s intention to seriously mislead himself/herself, and the fact that the Defendant’s family members and branch members want to have the Defendant’s preference can be seen as favorable circumstances to the Defendant.

However, it is inevitable that the defendant has been punished four times for the same crime, and that the crime of this case is a crime during the period of suspension of execution due to the same crime, and it is inevitable that the defendant is sentenced to imprisonment.

In addition, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, environment, family relationship, motive of the crime, and circumstances before and after the crime, shall be determined as ordered by taking into consideration the various circumstances.

arrow