(영문) 창원지방법원 진주지원 2015.10.27 2015고단754

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2015.10.27 2015고단754

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2015, at around 20:35, the Defendant driven the B-wing truck with approximately KRW 200 meters alcohol concentration 0.072% under the influence of alcohol without a vehicle driver’s license, from the road near the Scheon-si, Sacheon-si to the road front of the “B-Sacheon-si” store located in the same Si/Sacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant committed the instant crime even though he/she was sentenced to a fine or suspended sentence several times due to the same kind of crime, the Defendant is not subject to the punishment of the Defendant, in light of the fact that the Defendant committed the instant crime.

However, in full view of the following circumstances: (a) the defendant has committed a crime against himself/herself and is against his/her will; (b) the defendant has no previous conviction; (c) the blood alcohol concentration has not been relatively high; and (d) the defendant's age, character and conduct, environment, motive and circumstance of the crime; and (e) other various circumstances, which form the conditions for sentencing as shown in the arguments of this case, such as

참조조문

-도로교통법

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제3호

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