beta
(영문) 대구지방법원 포항지원 2013.03.27 2012고단1509

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

Reasons

Punishment of the crime

On June 2, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Port Branch of Daegu District Court on July 1, 2010, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on September 15, 2010, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on September 15, 2010, and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) from the Branch Branch of the Daegu District Court’s Port on March 2, 2012.

At around 11:00 on October 9, 2012, the Defendant, at the request of the North-gu, Northern-si from the Do in front of the U.S. National Agricultural Cooperative, driven C-do under the influence of alcohol content of about 0.121% without obtaining a driver’s license in a section of approximately 500 meters before the Cheongdo National University, Do in front of the U.S. National Agricultural Cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and criminal investigation reports (Attachment to the same type of judgment) and applicable Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there exists a record of being punished five times due to drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, two times due to unlicensed driving, etc., the punishment shall be determined in consideration of the circumstances unfavorable to the defendant, the fact that the defendant is waiting to commit a crime and is against mistake, and other character and behavior of the defendant, attitude after committing the crime, family environment, etc.;