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(영문) 창원지방법원 마산지원 2016.04.19 2016고단156
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 January 11, 2002, the defendant was issued a summary order of KRW 700,000 by the Changwon District Court to a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on October 21, 2005, and a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on February 23, 2009, and a fine of KRW 2,50,00,000 as a fine of violation of the Road Traffic Act (driving) at the Changwon District Court on July 27, 2009. On January 15, 201, the defendant was sentenced to a suspended sentence of imprisonment for six months due to a violation of the Road Traffic Act (driving) at the Changwon District Court on January 15, 2010.

[2] Although Defendant 1 had the record of committing a crime of violating the Road Traffic Act (driving of alcohol) more than twice as above, Defendant 2 driven B rocketing car under the influence of alcohol content of approximately 0.177% from the 300 meters away from the portion of blood alcohol level to the front road of Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul, about February 2, 2016, around 00:35.

Summary of Evidence

1. The defendant's legal statement made by the main driver and response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances:

There are a lot of records of punishment for the same kind of crime, but the crime of this case has been committed.

The degree of alcohol concentration in blood is high.

The favorable circumstances: Recognizing and opposing the facts charged in this case.

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