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(영문) 창원지방법원 통영지원 2018.12.26 2018고단1188
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 20, 2008, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the Changwon District Court’s branch on November 20, 2008, and a summary order of KRW 4 million for a crime of violating road traffic law (drinking) at the same court on February 20, 2018.

[2] On October 9, 2018, the Defendant: (a) operated a motor device under the influence of 0.054% alcohol alcohol while under the influence of alcohol while under the influence of 0.054%, without obtaining a motor device license, from the front day of the mar-dong Samsung Heavy Industries, Samsung Heavy Industries, Samsung Heavy Industries, to the front day of the same mix, to the front day of the second apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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