beta
(영문) 전주지방법원 2017.02.14 2016고단2206

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

The Defendant, at the Jeonju District Court on February 8, 2012, issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act, and on January 15, 2013, issued a summary order of KRW 5 million as a fine for the same crime in the same court on January 15, 2013. On July 1, 2015, the Defendant was sentenced to a fine of KRW 6 million as an identical crime in the Jeonju District Court’s Military Accounting Branch.

On October 24, 2016, at around 12:30, the Defendant driven a C-wing truck under the influence of alcohol concentration of about 0.270%, without obtaining a driver’s license, in the section of approximately 2 km from the road of the Jinanan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Gin-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on internal investigation (related to refusing to send out and affix seals to the scene);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the suspect's history of driving alcohol and result of disposition);

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for protection observation, community service, and lecture attendance order – Circumstances unfavorable to the accused: The degree of main practice (0.270%) is very serious; three times after previous convictions of the same kind of fine (driving alcohol level); and other times more favorable to the accused than twice before and after the violation of road traffic laws; the circumstances favorable to the accused; three minor children are supported.