(영문) 창원지방법원 마산지원 2018.12.21 2018고단1087

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2018.12.21 2018고단1087

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

On July 20, 2009, the Defendant issued, at the Changwon District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on July 27, 2009, a summary order of KRW 1.5 million for the same crime in the same court, respectively, and on September 3, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On October 30, 2018, at around 00:30, the Defendant driven a CM5-car under the influence of alcohol leveling 0.081% from around 300 meters from the front of Maart to the front of the Western apartment located in the lux of Eup in the Changwon-si, Changwon-si, Seoul Metropolitan City, and in the front of the Seojin apartment located in the same Eup.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (this paper criminal history);

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

1. Although Article 62-2 of the Criminal Act of the Order to Attend a lecture has the same record of sentencing, the sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s reflectivity in the blood of this case; (b) the Defendant’s age, occupation, sex, sex, family relationship, living environment; (c) the circumstances after the commission of the crime; and (d) the conditions

참조조문

-형법 제62조 제1항

-형법 제62조의2

유사 판례

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