beta
(영문) 창원지방법원 진주지원 2017.08.22 2017고단365

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law at the Changwon District Court on May 25, 2007, and a fine of KRW 2.5 million for the same crime in the Changwon District Court on April 23, 2010, and a person who was sentenced to a summary order of KRW 2.5 million for the same crime at least twice.

[2] On April 30, 2017, the Defendant: (a) driven a car under the influence of alcohol content of approximately 0.281% from a 5km section to a 5km section; (b) on April 30, 2017, the Defendant was under the influence of alcohol content of about 0.281% from the day before a restaurant in which it is impossible to find out the trade name in the Henju-si, Jin-si; and (c) from the day before a restaurant in which it is difficult to find out the trade name in the Pn

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the detection of drivers working at the State, report on the circumstances of drivers working at the State, investigation report (report on the circumstances of drivers working at the State), inquiry into the results of crackdown on the driving of drinking, and making inquiries into the points of the violation accident;

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

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

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

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;