beta
(영문) 창원지방법원 통영지원 2016.10.21 2016고단1308

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On August 3, 2016, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch branch on August 3, 2016, and a summary order of KRW 1.5 million with the same crime in the same court on November 26, 2015, respectively.

【Criminal Facts】

On September 5, 2016, at around 01:40, the Defendant driven BMW car under the influence of 0.127% alcohol concentration without obtaining a driver's license on a section of approximately 500 meters from the vicinity of the Cero-si, the CM car to the front day of the CM city, the CM car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009);

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;