logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.20 2017고단2253
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On July 5, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Changwon District Court on July 5, 2012, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Changwon District Court on June 2, 2016.

On May 23, 2017, at around 19:35, the Defendant driven a Brocketing truck with approximately 0.085% alcohol level without a driver’s license, while under the influence of alcohol leveling 0.085% in the blood alcohol level, from the front of the Eup to the 93-2, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (prior convictions in probation and confirmation of the same kind of force), such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Mitigation of Small Quantity is that the defendant is divided in depth into and reflects his mistake, and there are some circumstances that may be somewhat considered in terms of the motive and circumstance leading to the instant crime.

On the other hand, the fact that the defendant committed the crime of this case without being aware of the probation period that he had been punished due to drinking or non-licenseing even before, and that he committed the crime of this case is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were determined in the same sentence as the order.

arrow