(영문) 창원지방법원 밀양지원 2018.09.13 2018고단328

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2018.09.13 2018고단328

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] On May 6, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court on May 6, 2008, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the same court on February 5, 2013.

[2] On May 28, 2018, the Defendant driven a vehicle B to be driven from the section of about 12.8 km to the direction of the rest of the central expressway located in the same city, i.e., the central highway located in the same city, from the frontway of the Kimhae's Park located in the Don-si, Kimhae-si, Kimhae-si, the alcohol content of which is more than 0.05%, while under the influence of alcohol in blood around 02:29, May 28, 2018.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Control of drinking alcohol and investigation report on CCTV;

1. Investigation report (examination of alcoholic content in blood at the time of driving);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,

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