beta
(영문) 광주지방법원 장흥지원 2017.01.26 2016고단224

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

Reasons

Punishment of the crime

[criminal history] On March 23, 2009, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violation of road traffic law in the Gwangju District Court's interest support, on May 28, 2009, a summary order of KRW 1.5 million for the same crime in the Gwangju District Court's interest support, and on December 5, 2014, a summary order of KRW 7 million for the same crime was issued in the Gwangju District Court's interest support.

[2] On December 9, 2016, at around 07:45, the Defendant driven a D e-car without obtaining a driver’s license in the state of alcohol level of about 10km from the Do in front of the Defendant’s house located in the same military and Dong office in the same military, from around 10km to the road in front of the food.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license, a report on the situation of driving at drinking, inquiry of the results of crackdown on drinking driving, a statement of the circumstances of the driver at drinking, and a notice of completion of correction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation, etc. of such previous history);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a corresponding punishment in light of the fact that the defendant again committed the instant crime even though he/she had been punished for the same kind of crime several times.

However, the defendant's age, sex, including the defendant's favorable circumstances, such as the fact that the defendant's mistake is against himself/herself and there is no record of punishment more than a suspended sentence for the same crime.