logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2021.03.09 2020고단535
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

On December 28, 2010, the Defendant received a summary order of a fine of up to two million won from the Changwon District Court for a crime of violating the Road Traffic Act.

Nevertheless, on November 26, 2020, the Defendant driven a F QM3 car in the state of alcohol alcohol concentration of about 0.108% in the section of approximately 10km from the G parking lot located in P in P in the same city to E in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of drinking, notification of the results of crackdown on driving of drinking drivers, report on the situation of the driver placed in driving, and report on the situation of the driver placed in driving;

1. Criminal records: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (a summary order attached to the suspect's previous records);

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

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of quantity (it is not exceptionally against a case in light of the blood alcohol density, the records of the same kind of crime, etc., but does not repeat the case in light of the depth of the crime, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of imprisonment, the fact that there is no record of criminal punishment heavier than that of the suspension of the execution of the imprisonment, and all other circumstances that are conditions for the sentencing specified in the records and pleadings of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow