(영문) 창원지방법원 통영지원 2017.09.12 2017고단826

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2017.09.12 2017고단826

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 October 12, 2009, the Defendant was sentenced to a summary order of a fine of three million won or more due to a violation of road traffic law in the Changwon District Court's Tong-gu branch of the Changwon District Court. On March 5, 2010, the Defendant was sentenced to a suspension of execution for four months or two years due to a violation of road traffic law in the Changwon District Court's Tong-gu branch of the Changwon District Court.

Criminal facts

On May 26, 2017, the Defendant driven C Poter truck at a section of about 1 km up to the front road located in the Docheon-dong in front of the Marine Park, which is under the influence of alcohol 0.249% among the blood transfusion around 15:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a traffic accident scene map, a statement on the circumstances of a driver driving at home, a report on the results of crackdown on drinking driving, and a survey report on actual condition;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service: (a) there is a need for a strict punishment for driving of alcohol; (b) the alcohol level of the blood of this case is 0.249% and high; (c) the record of punishment for the same kind of crime is more favorable: Recognizing and reflecting the crime; (d) there is no personal accident caused by driving of the instant drinking; and (b) other various sentencing conditions indicated in the records and arguments, such as the motive and background of the crime, the means of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the following

참조조문

-형법 제62조 제1항

-형법 제62조의2

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