beta
(영문) 청주지방법원 2015.01.09 2014고단1335

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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 power] On November 6, 2007, the Defendant received a summary order of KRW 1,50,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and on May 8, 2014, the Defendant received a summary order of KRW 5 million for the same crime from the same court.

【Criminal Facts】

On September 1, 2014, the Defendant, without obtaining a driver’s license at around 15:50 on September 1, 2014, driven a Bsch Rexton car at a section of about 700 meters for each elementary school located in the Cheongju-si from the front day of the Cheongju-si in the Cheongju-si, the Csch Rexn car at around 0.238% alcohol level in alcohol level in the blood.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (a copy of the same kind of summary order);

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

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 reason for sentencing in Article 62-2 of the Criminal Act is that the defendant was punished by a fine for the same kind of crime.

In addition, the blood alcohol concentration is high.

However, the defendant reflects the wrong and has not been punished for more than a suspended sentence.

It is reasonable to give the defendant an opportunity to improve through the treatment in society, such as probation, only once.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of all the conditions of sentencing as shown in pleadings, such as the age, character and conduct, family relationship, details and details of the crime, and circumstances after the crime.