(영문) 창원지방법원 밀양지원 2018.05.31 2018고단169

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2018.05.31 2018고단169

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] The Defendant is a person who violated the prohibition of driving under the influence of alcohol two times or more by receiving a fine of four million won from the same court on December 10, 2010, due to a violation of road traffic law (driving), etc. in the Changwon District Court's Seongbuk Branch of November 8, 2006.

[Criminal facts] On March 24, 2018, the Defendant driven B Poter cargo vehicles under the influence of alcohol with approximately 600 meters alcohol concentration 0.109% in blood from the front road of the Macjin High School located in the Macjin-si, Macri-si, Macri-si to the front road of the Macjin High School located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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 an inquiry letter, such as criminal history, and an investigation report (No. 13) statute;

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. 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 sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,

참조조문

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