beta
(영문) 수원지방법원 여주지원 2018.01.19 2017고단1565

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking) at the Cheongju District Court's support on August 18, 201, and a summary order of KRW 2 million for a crime of violating road traffic law (drinking) at the Cheongju District Court's support on March 2, 201.

On November 24, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven BM3 motor vehicles from the section of about 65 km away from the front of the apartment complex in the Yongsan-gu, Chungcheongnam-si, 0.094, in the state of alcohol concentration of 0.094% in the blood, to the point at which 331.2km away from the front of the apartment complex in the front of the city of Y-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of traffic accidents (1), and (2);

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of the past record of the same type of punishment), and application of a copy of each summary order by statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution is based on the following factors: (a) that causes an accident while driving a vehicle in a state of non-license or drinking on an expressway for the reason of sentencing under Article 62(1) of the Criminal Act; (b) that there is no record of punishment exceeding the amount of alcohol alcohol and driving distance; and (c) that there is no record of punishment beyond the fine; (d) the Defendant’s age, sexual behavior