beta
(영문) 창원지방법원 밀양지원 2016.08.04 2016고단256

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 5, 2012, the Defendant received a summary order of a fine of two million won or more due to a violation of road traffic laws in the Changwon District Court's smuggling support, and on July 6, 2012, the same court issued a summary order of two million won or more due to a violation of road traffic laws.

On May 28, 2016, the Defendant driven a B1 ton cargo vehicle at approximately 0.064% alcohol level from the 200 meters section to the front road of the “Graindok” located at approximately 52-1, 52-1 in the center of the Eup/Myeon from the front road to the 444-lane in the south-Eup/Myeon, Nam-gun, Gyeongnam-gun, Seoul, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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 suspended execution;

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