beta
(영문) 창원지방법원 진주지원 2017.01.11 2016고단1041

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On February 14, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (drinking driving) at the Changwon District Court Jinwon Branch on February 14, 2008. On May 16, 2013, the Defendant was issued a summary order of KRW 2,00,000 for the same crime at the same court on May 16, 2013. On November 27, 2013, the Defendant was issued an electronic summary order of KRW 3,50,000 for a fine due to the same crime, etc. at the same court on July 2, 2014.

On September 11, 2016, the Defendant, while under the influence of alcohol of 0.134% during blood transfusion at around 22:50 on September 11, 2016, driven a cub car at approximately 880 meters to the parking lot for the main drug located in the main drug located in Jinju-dong from the front parking lot of the 891 Jinju-si, Jinju-si to the main drug located in the Gyeongnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver of a vehicle driving, the results of crackdown on drinking driving, and the circumstantial report on the driver of the vehicle driving;

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. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In light of the fact that the reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity, despite the fact that the defendant had been punished four times due to driving under drinking, repeated the crime of drinking under this case, committed the crime of this case during the suspension period, and the fact that the numerical value of drinking under this case is considerable, it is inevitable to punish the defendant significantly.

However, the following facts are considered as follows: (a) the Defendant’s late reflects his own crime; (b) the Defendant is not a crime during the period of suspension of execution due to the same kind of crime; (c) there is no record of punishment other than fines for the same kind of crime; and (d) the Defendant has no record of punishment for the same kind of crime; and (c) the Defendant has no record of punishment for the sentence, etc.; and (d) there