beta
(영문) 창원지방법원 마산지원 2016.08.23 2016고단677

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 26, 2007, the Defendant issued a summary order of a fine of one million won to a crime of violating the Road Traffic Act at the Changwon District Court on January 26, 2007, and on February 8, 2010, a fine of two million won to a crime of violating the Road Traffic Act at the Changwon District Court on February 8, 201, and was sentenced to a summary order of a fine of two million won or more to a crime of violating the Road Traffic Act.

On July 14, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.102% at a distance of about 300 meters from the front of the taxi stops located in the Jinbuk-gu, Jinbuk-gu, Changwon-si, Jindo to the front of the mountain road located in the same Gu Jinbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driving of drinking drivers, and a report on the circumstances of driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act (amended by Act No. 1137, Mar. 1, 201)