beta
(영문) 창원지방법원 2017.03.30 2016고단3924

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

On August 3, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 3, 2009. On October 26, 2009, the Defendant violated Article 44(1) of the Road Traffic Act twice by receiving a summary order of KRW 1 million for a crime of violating the Road Traffic Act.

On November 14, 2016, around 00:12, the Defendant driven a balp motor vehicle under the influence of alcohol content of approximately 0.197% from the 12km section to the front road of the Jeju Island in the Jin-gu, Jin-gu, Jin-si, Kim Young-si, which is located in the window direction of the window of Changwon-si, Changwon-si.

Summary of Evidence

The application of the statutes of the defendant's statutory statement alcohol driving control report by the driver in charge of the state report and the response to inquiry;

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

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

3. Article 62 (1) of the Criminal Act on the stay of execution (Consideration to the accused who has no criminal record of the stay of execution or heavier);

4. An order to attend a course under Article 62-2 of the Criminal Act;