beta
(영문) 창원지방법원 진주지원 2018.04.17 2017고단1224

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On April 8, 2016, the Defendant was issued a summary order of KRW 1,500,000,000 for a fine for a violation of the Road Traffic Act in the Jinwon District Court's Jinju branch, and on July 18, 2016, the same court issued a summary order of KRW 4 million for a fine for a violation of the Road Traffic Act.

[Criminal facts] On November 13, 2017, the Defendant driven C Poter cargo under the influence of alcohol content of 0.111% without obtaining a driver’s license, from the front side of the “lord land restaurant” in the Dong-si, Jin-si, Jin-si, Jin-si, Jin-si, to the river route in the same Dong from around 300 meters.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the social service order: Confession of the same crime - Circumstances favorable to the same crime: The confession of the crime, reflectivity, or the suspension of execution