beta
(영문) 창원지방법원 2019.11.21 2019고단2847

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2007, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on November 23, 2015, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On August 24, 2019, at around 04:25, the Defendant driven a Cbenz car under the influence of alcohol content of about 2.5 km from the front road of the window B building in Changwon-si to the front road of the window 17, lux, Changwon-gu, Plux, Changwon-ro, 17, Plux, Plux, at approximately 0.119%, to the front road of the entrance of the window lux.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances, such as the fact that he/she seriously reflects the fact and the fact that he/she has no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;