beta
(영문) 창원지방법원 2015.07.21 2015고단1388

도로교통법위반(음주운전)등

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

Criminal facts

On November 3, 2006, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of three million won or more as a fine in the same court on June 16, 2014.

피고인은 2015. 5. 19. 23:13경 자동차운전면허 없이 혈중알코올농도 0.096%의 술에 취한 상태로 김해시 율하동에 있는 수변공원 주변 불상의 술집 앞 도로에서부터 김해시 관동동에 있는 ‘진짬뽕’ 식당 앞 도로에 이르기까지 약 300m 구간에서 B 액티언 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;