(영문) 창원지방법원 밀양지원 2017.04.27 2017고단16

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2017.04.27 2017고단16

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 10, 2007, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic law in the Changwon District Court's Seongbuk-gu. On August 1, 2007, the Defendant was sentenced to a suspended sentence of 5 million won for a violation of road traffic law (dacting driving) in the same court on August 1, 2007. On May 11, 201, the Defendant was sentenced to a suspended sentence of 10 months for a violation of road traffic law (dacting driving). On February 12, 2015, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic law (dacting driving).

[2] On November 9, 2016, the Defendant driven B Poter cargo vehicles with alcohol content of about 500 meters in a section near a bus terminal located in the city near the Dong to the road near the same LH apartment, while under the influence of alcohol of about 0.108% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports attached to criminal suspects and prior convictions) and other Acts and subordinate statutes;

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. The crime of this case for the reason of sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment is committed during the period of suspension of the same crime, and the defendant committed the crime of this case again even though he was sentenced to a fine for the crime of violation of traffic laws (non-licenseless driving) during the period of suspension of execution, considering the fact that the sentence of this case is inevitable, and the defendant's age, environment, motive, means and consequence of the crime, etc., the sentence of this case shall be determined as per the order, taking into account the circumstances of sentencing indicated in the records, such as the following circumstances

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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