beta
(영문) 대구지방법원 김천지원 2013.12.18 2013고단1584

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

In the resident support of the Daegu District Court on September 13, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act, a fine of KRW 3 million for the same crime, etc. in the same court on January 24, 2011, and a fine of KRW 10 million for the violation of the Road Traffic Act at the Daegu District Court on April 24, 2012, and was sentenced to a suspended sentence for ten months and two years for the suspended sentence on May 2, 2012, and the said judgment became final and conclusive on May 2, 2012.

On September 26, 2013, the Defendant, who had driven two or more times, once again, driven C Ecoo motor vehicle under the influence of alcohol concentration of 0.183% without a driver’s license, on the roads of the Dong-gu, Sin-si, Sin-si, Sin-si, Sin-si on September 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was subject to six criminal punishment on the grounds of drunk driving or unlicensed driving from September 2010 to April 2012. In particular, in light of the following: (a) the sentence of sentence is inevitable in light of the fact that the Defendant was sentenced to a suspended sentence, as stated in its reasoning, and the judgment became final and conclusive and is still being executed during the current enforcement period; and (b) the sentence of sentence is extremely high.

However, if the judgment of this case becomes final and conclusive during the period of probation, the sentence shall be determined as ordered in full view of all the circumstances including the defendant's age, character and behavior, environment, etc.