logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2012.12.13 2012고합472
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 500,000 by the Changwon District Court on June 8, 2009 to a fine of KRW 500,000 for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on May 9, 201 for the same crime, respectively.

On October 2, 2012, at around 00:26, the Defendant driven B rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.167% from the 2km section of around 2km to the front road of the KUF, which is located in the same sponsorg, in front of the chill, on which it is impossible to know the trade name near the sponsorg, GUU, Kimhae-si, GUk-si, Park Jong-si, the front road of which is located in the same sponsorg, to the front road of the KUF.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previouss: The application of Acts and subordinate statutes to refer to inquiries such as criminal records, etc., amounts of dispositions, and reporting results;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., the Defendant, who was punished several times due to drunk driving, once again driven under the influence of alcohol and had a high blood alcohol level. The revised Road Traffic Act, considering the seriousness of damage caused by drunk driving, imposes a punishment heavier than the previous one.

However, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the fact that the defendant is seriously against the defendant, that the same criminal record is fines of two times, and that the defendant's age, character and conduct, and circumstances after the crime, are equally considered, shall be determined as the order and the execution thereof shall be suspended on the condition of community service.

arrow