beta
(영문) 광주지방법원 목포지원 2014.03.07 2013고단1686

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 7, 2007, at the Daegu District Court, the blood alcohol concentration was 0.060% at the time of the crime of violation of the Road Traffic Act.

On March 21, 2013, the blood alcohol concentration was 0.059% at the time of the crime of violation of the Road Traffic Act in the field of a fine of KRW 2 million, and the blood alcohol concentration was 0.059%.

a person who has violated Article 44 (1) of the Road Traffic Act not less than twice, such as receiving a fine of three million won.

【Criminal Facts】 On September 30, 2013, at around 23:25, the Defendant driven a CM3 car from the Do in front of the Hai-gun B to the front road of the same Eup/Myeon in the front of the head of the Eup/Myeon, while under the influence of alcohol with a blood alcohol content of 0.238% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (35 pages of investigation records);

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. A report on investigation (56 pages);

1. Previous records of judgment: Application of criminal records, inquiry reports (A) and investigation reports (written confirmation reports at least twice the punishment for drunk driving of a suspect) 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. In addition to the criminal records as stated in the Defendant’s reasoning for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act, the sentence shall be imposed by taking into account the following facts: (a) other than the criminal records of the Defendant’s reasoning for sentencing, the Defendant also has the record of receiving the fine of KRW 1.5 million due to a drunk driving in 2000; (b) a fine of KRW 2.5 million due to a drunk driving in 2001; (c) a fine of KRW 2 million due to a drunk driving in 2004; (d) a blood alcohol concentration is very high; (e) an accident occurred; and (e) a person who is arrested without

However, the decision is made in consideration of the defendant's age, career, family relationship, etc., together with the fact that he/she is against the law, and has no criminal record or more.