beta
(영문) 광주지방법원 순천지원 2015.01.21 2014고단1624

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 12, 2006, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 12, 2006, and a fine of three million won for the same crime in the same court on October 6, 2009, and in the same court on March 11, 2013, the same court was sentenced to a fine of three million won for the same crime. On June 12, 2013, the same court was sentenced to a suspended sentence of six months for an attempted special larceny, which became final and conclusive on June 20, and is currently under suspended sentence.

【Criminal Facts】

On July 29, 2014, at around 14:54, the Defendant driven a D truck without a driver’s license, with a blood alcohol concentration of about 0.117%, from the king-ri Village of the Republic of Korea to the front day of the Yannam-gun of the Yannam-gun, Chungcheongnam-do.

Accordingly, the defendant, while driving a motor vehicle more than twice, has driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions in judgment: Criminal records, investigation reports (reports to be confirmed before the same year and during the period of suspension of execution), one copy of summary order, one copy of written judgment, and one copy of written judgment shall be applied;

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 has been subject to eight times punishment due to drunk driving or unlicensed driving, and the crime of this case has been committed during the suspension period of the execution of imprisonment, and the degree of his/her taking is not less and less that of his/her taking. Thus, the defendant shall be sentenced to a sentence.

However, criminal records are against the defendant, and criminal records during the period of suspension of execution, due to the crimes of different types.