beta
(영문) 광주지방법원 순천지원 2017.11.01 2017고단1281

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of Road Traffic Act (drink driving) in the Southern Branch of the Gwangju District Court on September 15, 2009, KRW 3 million as a fine for the same crime, etc. on March 2, 2010, and KRW 5 million as a fine in the same court on June 10, 2015, respectively.

On June 22, 2017, at around 01:05, the Defendant had not obtained a driver’s license in a section of about 200 meters from the front of the mutual infinite funeral room to the front road of the Sungsan Park in the same Dong, and driven B, while under the influence of alcohol level of about 0.190%, while under the influence of alcohol level of 0.190%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, and inquiry of the results of crackdown on driving under drinking (No. 6 No. 1335);

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of five copies of summary order;

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. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, based on the following circumstances, including the Defendant’s age, family environment, previous convictions, and the time interval between the Defendant’s criminal records and each of the instant crimes, and circumstances after committing the crime, shall be determined as ordered in light of the sentence.

The favorable circumstances: The defendant's recognition of and reflects on a crime, and the short distance of drinking and non-licensed driving, etc. are disadvantageous: The defendant's previous conviction due to drinking is five times, and the one-time one falls under the driver's license, and the defendant's blood alcohol concentration is high at the time of committing the crime.