beta
(영문) 창원지방법원 2014.06.11 2013고단3845

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On December 14, 2007, the Defendant was sentenced to a suspended sentence of two years to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 14, 2007, and two years of a suspended sentence to eight months of imprisonment with prison labor at the Changwon District Court on May 18, 2012, and such judgment becomes final and conclusive on May 26, 2012.

【Criminal Facts】

around 04:00 on October 2, 2013, the Defendant, while under the influence of alcohol by 0.113% under the influence of alcohol, was driving the C Trate Motor Vehicle at a 300-meter section from the front of the Roart to the front of the 21-17 house.

Summary of Evidence

1. Defendant's legal statement;

1. No. 3-7 of the evidence list submitted by the prosecutor (hereinafter “Evidence list”).

1. Previous convictions in judgment: Application of the Acts and subordinate statutes No. 9, 10, 12 of the evidence list;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was already sentenced to two times or more as the same crime, and the crime of this case was committed during the period of suspended execution due to drunk driving. It is inevitable to sentence imprisonment with prison labor for the defendant.

However, the fact that the defendant's confessions, the defendant's leakages and the branch want the defendant's preference, and the defendant's age, family relationship, circumstances after the crime, etc. are taken into consideration, and the punishment is determined as ordered by the text.