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(영문) 창원지방법원 2016.03.31 2015고단3052
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 21, 201, the Defendant received a summary order of KRW 2,50,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on June 16, 201, the same court received a summary order of KRW 3 million as a fine for the same crime.

On November 8, 2015, the Defendant driven a Bschton vehicle at approximately 500 meters away from the front road of the Jinhae Office to the front road of the Jink Middle School located in the same field of erode, which is under the influence of alcohol content of 0.096% in the blood while under the influence of a driver's license on November 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report attached to judgment sentences, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. A comprehensive consideration of the details and contents of the crime of sentencing, criminal records, and the violation of Article 62-2 of the Criminal Act regarding the order to attend a lecture, etc. was set the same sentence as the order.

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