beta
(영문) 청주지방법원 영동지원 2019.11.21 2019고단130

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 20, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch.

【Criminal Facts】

At around 05:20 on 23, 2019, the Defendant driven a D1 ton cargo vehicle while under the influence of alcohol content of about 0.09% from the 600 meters away from the house of a woman living together in the Chungcheongbuk-gun B to the front road of C without a driver’s license.

Accordingly, the Defendant violated the Road Traffic Act (driving) at least twice in a state without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 of Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

The defendant committed the crime of this case at least one year after he was punished for drinking driving.

【Pried circumstances】 The Defendant recognized the instant crime.

The Defendant disposed of a vehicle after committing the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.