beta
(영문) 창원지방법원 통영지원 2017.08.30 2017고단882

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2017, the Defendant was under the influence of alcohol level of 0.180% during blood transfusion at around 26 23:30 on May 26, 2017, and driving a fpoter with a volume of approximately 100 meters from the roads near Busan Jin-gu C to the roads near Busan Jin-gu, Busan Jin-gu.

2. Around 23:50 on the same day as the statement in paragraph 1, the Defendant damaged the Defendant’s special property by getting involved in fraud to E and resist it. In order to this end, the Defendant got in Busan Center, as seen above, a hacklet (110cm in length, 110cm in length), which is a dangerous object in loading the cargo loaded in the above hackter, has broken down one time by getting off the automatic entrance of the hack Busan Center (210cm in length, 120cm in width) in the market price managed by the Victim G.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and a circumstantial report on the driver of drinking;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 369 (1) and 366 of the Criminal Act (the point of destroying special property), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for not less than six months up to six years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is habitual, repeated, and special damage and destruction (a repeated, repeated, special damage, etc.) in the area of mitigation (4 to 10 months) (including a person who has been specially mitigated), in the area of mitigation (4 to 10 months), or in the case of violation of the Road Traffic Act (including a serious effort to recover damage) in which the sentencing guidelines are not set, and Article 37 of the Criminal Act are concurrent crimes under Article 37 of the Criminal Act. Accordingly, the defendant who was sentenced to the lower limit of his/her authority and the sentence should only be sentenced to imprisonment for the same violent crime.