(영문) 창원지방법원 통영지원 2017.08.31 2017고단769

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(영문) 창원지방법원 통영지원 2017.08.31 2017고단769

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 24, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s branch on June 24, 201, and on May 13, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) and was sentenced to a fine of KRW 4 million in the same court.

[2] On April 9, 2014, the Defendant driven a Cpoter 2 truck with alcohol content of about 50 meters in a section of about 0.112% in blood while under the influence of alcohol from the front of the Gangnam apartment road located in the Gpool-dong in the Gpool-si, Gyeongnam-si to the front road in the Gyeongnam-si, Gpool-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to be against the recognition of the instant crime; (b) there is no history of criminal punishment exceeding a fine; (c) the amount of alcohol concentration and driving distance of the Defendant’s blood relative; and (d) the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime; and (c) the circumstances after the commission of the crime, etc., the punishment as ordered shall be

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