(영문) 창원지방법원 통영지원 2018.10.25 2018고단811

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(영문) 창원지방법원 통영지원 2018.10.25 2018고단811

도로교통법위반(음주운전)

Text

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 July 9, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,500,000 for a violation of road traffic laws (drinking) in the Changwon District Court’s Tong-gu branch on July 9, 2010, and on July 10, 2018, the Defendant was issued a summary order of KRW 3,50,000 for a violation of road traffic laws (dacting driving).

[2] On June 9, 2018, the Defendant driven CK-3 automobiles at the section of about 80km from the Defendant’s residence located in G at the time of influence of 0.187% of alcohol during blood, to the point of 19.4km in the direction of the passage of Daejeon through the Highway, at the time of his/her movement, from the Defendant’s residence located in G at the time of influence of 0.18%, to the point of 19.4km in the direction of the passage of Daejeon through the Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same kind of drinking alcohol driving force);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 of Article 62-2 of the Criminal Act shall be based on the defendant's records of the same crime, circumstances of driving, distance and the degree of driving, and other conditions of sentencing specified in pleadings, such as the defendant's age, sex, criminal conduct, environment, motive for committing the crime, and circumstances after committing the crime, with regard to the surveillance of protection, the order of community service and the order to attend the lecture, and the punishment as ordered

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