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창원지방법원 진주지원 2017.12.22 2017고단883
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not more than ten months.

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

On March 4, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) with the support of the Daegu District Court on March 4, 2015, and on September 19, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) with the Jinwon District Court on September 19, 2016.

On July 24, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on July 22:35, 2017, driven a C truck at approximately 6km from the front of the old urban bus parking lot located in Sacheon-si, Sacheon-si to the border road located in Jacheon-si, in a state of alcohol concentration of 0.175%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (referring to the same criminal records and reports);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

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. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;