beta
(영문) 수원지방법원 2018.06.08 2018고단1974

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 27, 2006, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating road traffic law (drinking driving) in the Busan District Court’s Busan District Court’s Branch on December 27, 2006. On March 28, 2018, the Defendant was issued a summary order of 5 million won as a crime of violating road traffic law (drinking driving) at the Suwon Friwon.

[Criminal facts] On March 29, 2018, the Defendant driven a motor vehicle B in the condition of under the influence of alcohol concentration of 0.131% while under the influence of alcohol, without obtaining a driver’s license, on the road in the apartment complex located in Seogwon-ro, Seog-gu, Suwon-si, Seogwon-si, 1534.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident (report on actual condition), report on the circumstances of driving at drinking, and notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of punishment] The imprisonment of six months or more to one year and six months (the decision of sentence] as follows, and the defendant's age, sex, environment, motive and motive for crimes.