beta
(영문) 창원지방법원 통영지원 2017.01.25 2016고단1779

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On May 22, 2014, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of road traffic law (drinking driving) at the Changwon District Court’s Tongwon District Court’s branch on December 22, 2015, and a fine of KRW 4 million as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court’s branch branch on December 22, 2015.

[2] On October 15, 2016, the Defendant driven a vehicle from CA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, sex, environment, and circumstances after the crime, etc. are equally taken into account, the sentence against the Defendant is determined and the order to provide community service and attend lectures is added as a result of reflect and reflect.