beta
(영문) 창원지방법원 2016.10.20 2016고단2599

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

Punishment of the crime

On October 20, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on April 14, 2014, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act; on March 9, 2015, the same court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act.

On July 24, 2016, at around 02:40, the Defendant driven Bho-do under the influence of alcohol level of about 0.114% without obtaining a driver's license from around 1 kilometer to the front road of the CU convenience store located in 112-4 in the same Eup/Myeon-ro from the middle apartment near the middle apartment of Heung-gu, Jin-gu, Kim Jong-si, Kim Young-si, the Defendant driven Bho-do under the influence of alcohol level of about 0.11

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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;