beta
(영문) 창원지방법원 밀양지원 2016.06.09 2016고단141

도로교통법위반(음주운전)

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

Punishment of the crime

On March 13, 2016, at around 00:45, the Defendant driven a bpool flaps with a alcohol level of approximately 00 meters from around 400 meters to the front road of the “Salim philosolosolosolosolosolosolo” located in the Si/Eup, Gyeongnam-gun, Nan-gun, Nan-gun, and the front road of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Considering the fact that the defendant again committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, and that the blood alcohol concentration is considerably high, strict punishment against the defendant is required.

However, considering the fact that the defendant has divided his mistake, the defendant's previous conviction is relatively long, the defendant's community service order is also imposed together with the suspended sentence of imprisonment, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means