beta
(영문) 광주지방법원 장흥지원 2014.04.24 2014고단20

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2013, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court for a crime of violation of the Road Traffic Act ( sound driving), etc. on November 15, 2013, a summary order of KRW 5 million for the same crime, etc. on November 15, 2013, and a person who violated Article 44(1) of the Road Traffic Act at least twice.

On November 28, 2013, the Defendant, without a driver’s license, driven a DPoter Ⅱ in the section of about 20 km away from the Do in front of a certain building located in the Yancheon-gun, Yancheon-gun, Yancheon-gun, Gangwon-do, Gangwon-do, to the roads near the Ycheon-do reservoir located in the Yancheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. 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 under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has been punished for the same kind of crime in the last short term, despite the fact that the defendant had been punished twice or more in the last short term, and at the same time, he/she also leads to the crime of this case. The execution of the sentence shall be suspended in consideration of the fact that the defendant has no record of being punished more severe than the fine, the fact that the defendant does not have any record of being punished more severe than the fine, the fact that the defendant's age, character and conduct, the environment