beta
(영문) 창원지방법원 거창지원 2017.07.21 2017고단143

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 April 28, 2008, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on April 28, 2008, and on November 2, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court, and was sentenced to a suspended sentence of two years for one year or more for the same crime.

On May 4, 2017, at around 19:15, the Defendant driven a car in Cmea while under the influence of alcohol concentration of about 0.180% from the 2km section to the front of the LG electronic agent located in the same Donsan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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

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

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;