beta
(영문) 창원지방법원 2017.08.17 2017고단1742

도로교통법위반(음주운전)

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 July 15, 2007 and July 31, 2007, the defendant was found to have violated the Road Traffic Act (drinking) at the Busan Western Police Station and received a summary order of 3.5 million won as a crime of violating the Road Traffic Act (drinking) at the Busan District Court on September 13, 2007.

On May 16, 2017, around 23:50, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.129% in blood, from the front day of the death of the master body located in 11, Dong-dong, Jin-si, Changwon-si, Seoul Special Metropolitan City, to the front day of the said 30-meter Dial convenience store located in the same route.

Summary of Evidence

The application of the Act and subordinate statutes to refer to inquiries, such as the defendant's legal statement of the driver's oral statement by the defendant, criminal history, etc.

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

2. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (with no previous conviction or heavier, and with no previous conviction or more for a considerable period of time, and with regard to any previous conviction or penment, etc.);

3. Article 62 (1) of the Criminal Act on the suspension of execution.

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