beta
(영문) 창원지방법원 진주지원 2017.10.24 2017고단634

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On March 31, 2010, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic laws (drinking) from the Changwon District Court's Jinju branch on April 5, 2010, a fine of KRW 2.5 million for the same crime in the same court on April 5, 2010, a fine of KRW 3 million for the same crime in the same court on October 14, 2013, and a fine of KRW 5 million for the same crime in the same court on April 8, 2014.

[2] On August 12, 2017, the Defendant violated the provision prohibiting the driving of drinking at least twice, and driven BSL125S Oral under the influence of alcohol at approximately 0.114% in alcohol without obtaining a bicycle driver’s license from the front side of a vinyl house located in the speed of 16 100 mn, a string-ro, the end of the Jinju-si, the end of which, around August 12, 2017, the Defendant driven a bS 125S Oral under the influence of alcohol, without obtaining a bicycle driver’s license from the 10m section behind the apartment house in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. The driver's license ledger;

1. Disqualifications of the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (compact filing of summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the social service order: The majority of the previous convictions - Circumstances favorable to him/her: A confession of a crime, reflectivity, or no criminal record