beta
(영문) 대구지방법원 안동지원 2016.08.26 2016고단424

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 7, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving), and KRW 3 million as a same crime in the same court on October 20, 201.

[Criminal facts]

1. On May 21, 2016, the Defendant, without obtaining a driver’s license from around 19:00, driven B observer in the section of about 500 meters from the front of the 148 Gagian laund, which was located on the 18-lane 18, a 188-lane 27, the same route, to the front road of the Kacheon-ju public apartment.

2. On May 21, 2016, the Defendant driven the observer car under the influence of alcohol concentration of 0.180% in the same parking lot, where he/she was under the influence of alcohol level of 0.180% in blood, at around 20:42 on May 21, 2016, without obtaining a driver’s license for a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (limited to the crimes of violating the Road Traffic Act as stated in paragraph (2) of the holding and the crimes of violating the Road Traffic Act as stated in the holding, and punishment provided for the crimes of violating the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The number of reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures and the time when the defendant was punished for driving alcohol, and the time of driving of this case.