beta
(영문) 창원지방법원 거창지원 2018.12.19 2018고단249

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

[criminal history] On June 26, 2015, the Defendant was notified of a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s Chang-gu Branch on the following grounds: (a) on July 26, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) driven C Poter cargo under the influence of alcohol leveling 0.090% from the front of the Agricultural Technology Center located in Gohap-gun, Gohap-gun on September 6, 2018 to the road front of the said 5.4km-ro 1, Gohap-gun, Gohap-gun, Mancheon-gun, Mancheon-gun, Mancheon-gun, Mancheon-gun, Man-gun, Man-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, investigation report (report on the circumstances of the driver at home), the statement of the circumstances of the driver at home, notification on the results of regulating the driving of drinking, making an inquiry into the vehicle, and an investigation report (verification of driving distance and operating hours);

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (verification of the same type of force), and application of a copy of the judgment, one copy of the judgment;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Sentencing factors that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentencing factors that are favorable to the Defendant, including the previous criminal records, even though having been sentenced to a total of five criminal punishment, including the previous criminal records presented earlier by him/her for driving alcohol: The Defendant recognizes and reflects his/her mistake in depth; the Defendant’s degree of alcohol level in blood alcohol level is not high; and there is room for somewhat taking into account the circumstances of drinking alcohol level; other circumstances, including the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are comprehensive.