beta
(영문) 창원지방법원 마산지원 2017.09.20 2017고단782

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 June 27, 2017, the Defendant filed a request with the Changwon District Court for a summary order of KRW 2 million for a crime of violating the Road Traffic Act. On March 29, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) from the Changwon District Court on March 29, 2010.

On July 21, 2017, at around 20:50, the Defendant driven an E 9 car under the influence of alcohol content of about 0.118% while under the influence of alcohol from approximately 3km to the roads in front of the D cafeteria located in C from the dwelling of the Defendant in the Hanam-gun, Hanam-gun, Hanam-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2008Da11

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

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