logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.10.06 2016고단591
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On February 9, 2009, the Defendant was sentenced by the Changwon District Court to a summary order of KRW 2 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving), and on July 18, 201, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court on July 18, 201, and on February 9, 2012, the same court was sentenced to imprisonment of two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and for a violation of the Road Traffic Act (non-licensed driving) and sentenced to a summary order of KRW 2 million for the execution of the sentence at the Changwon District Court on November 29, 2013 and passed on March 6, 2014.

On December 29, 2015, at around 23:15, the Defendant driven C rocketing car under the influence of alcohol leveling 0.139% without obtaining a driving license from around Samsung Hospital in front of Samsung-gu, Jin-si to the roads in front of the additional intersection in the same Ri, and without obtaining a driving license from around 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (a summary order and report accompanied by a written judgment), and personal identification and confinement status;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances were taken into account in determining the punishment such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

- Unfavorable circumstances: A number of occasions when criminal punishment is imposed for the same kind of crime; a crime committed during the period of repeated crime due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.) and a violation of the Road Traffic Act (Aggravated Punishment, etc.); a confession and reflect, etc.; a confession and reflect, etc.; a medical treatment is being given due to the special outbreak, tyrhething, etc. of the

arrow