beta
(영문) 창원지방법원 밀양지원 2017.01.12 2016고단512

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The Defendant, without obtaining a driver’s license on July 21, 2016, under the influence of alcohol of 0.169% in blood while under the influence of alcohol on July 21, 2016, according to the police interrogation protocol, etc. on the Defendant, “1.5km” in the facts charged, is deemed to be a clerical error, according to the following: (a) the Defendant was under the influence of alcohol of 0.169% in blood; and (b) the Defendant’s interrogation protocol, etc. on the Defendant’s 15km in front of the Dae-young

In the section, the driver was driving the D-wing truck.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, a traffic accident-related photograph, a notification of the results of regulating the driving of alcohol, a circumstantial report on the driver at drinking, a circumstantial report on the driver at drinking, and the ledger of driver's licenses

1. Application of a reply to inquiry, such as criminal history, investigation report (attached to a bill of indictment for the same kind of case pending in trial);

1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (to be taken into account the defendant's driving record of drinking, alcohol concentration numerical value, existence of other punishment records, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;