beta
(영문) 창원지방법원 2015.08.13 2015고단1556

도로교통법위반(음주운전)등

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

Criminal facts

On February 2, 2007, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on March 15, 2010, a summary order of KRW 1.5 million for the same crime at the Changwon District Court on March 15, 2010, a summary order of KRW 2 million for the same crime in the Changwon District Court smuggling Branch on April 1, 2010, and a summary order of KRW 5 million for the same crime on March 6, 2015.

On May 29, 2015, at around 23:40, the Defendant, without a driver’s license, driven Cschton vehicle on the front side of the Korean Electric Power, located in the Changwon-si, Sungwon-si, Sungwon-si, under the influence of alcohol by 0.175%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;