beta
(영문) 대전지방법원 천안지원 2019.10.23 2019고단2043

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 September 28, 2018, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on September 28, 2018.

On August 12, 2019, the Defendant, without obtaining a driver’s license at around 16:40 on August 12, 2019, driven a 1 ton cargo vehicle Ew high-class Ⅲ from the Do in front of a restaurant located in Asan-si B to the 3km front of Asan-si, under the influence of alcohol content of 0.270%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of drinking drivers, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the records of the same kind of drinking driving);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished by a fine on two occasions for the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is very high, and the fact that the accused recognizes the crime, etc., a punishment as set forth in the text shall be determined.