beta
(영문) 창원지방법원 밀양지원 2015.10.08 2015고단253

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

Punishment of the crime

On March 22, 2010, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) from the Changwon District Court (hereinafter “Seoul District Court”), and issued a summary order on April 3, 2010. On June 30, 2010, the above order was finalized on July 10, 201 after receiving a summary order of a fine of 1.5 million won for the same crime from the same court. On May 7, 2015, the above order was issued by the same court under the summary order of a fine of five million won for the same crime and became final and conclusive on May 20, 2015.

On May 25, 2015, at around 22:25, the Defendant driven a D car while under the influence of alcohol of about 0.063% of the blood line alcohol content without obtaining a driver’s license, from the Do adjacent to the C cafeteria B to the roads adjacent to the C cafeteria that located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. The driver's license ledger;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment records);

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

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;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;