beta
(영문) 창원지방법원 2017.07.13 2017고단1270

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

[criminal history] On August 9, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving), and on May 28, 2013, by the same court, a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving).

[2] On March 18, 2017, at around 22:10, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.117% at a section of about 300 meters, from the front of the Masan-gu Doro Doo-dong Doo-dong Doo-dong Doo-dong, to the front of the Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong Doo-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (limited to the previous convictions in the same case);

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 mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had a number of records of punishment for driving under drinking, is again leading to the instant crime, etc., the case is not less complicated in light of the following:

However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.