beta
(영문) 창원지방법원 2016.07.14 2016고단1491

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 24, 2000, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, a summary order of KRW 1 million to a fine for a crime of violating the Road Traffic Act, a summary order of KRW 1 million from the same court on January 7, 2008 to a crime of violating the Road Traffic Act (drinking), and a fine of KRW 2.5 million from the same court on September 13, 2010 to a crime of violating the Road Traffic Act (drinking).

On May 6, 2016, the Defendant driven a coo motor vehicle B with alcohol concentration of 0.091% 0.091% under the influence of alcohol at the 7m section of the road adjacent to the Han-gu, Nam-gu, Chungcheongnam-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;