beta
(영문) 광주지방법원 순천지원 2017.10.18 2017고단873

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act in the Gwangju District Court's net support on February 5, 2015, and on July 10, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the above court, and was sentenced to a four-time suspended sentence of drinking driving.

On April 27, 2017, at around 08:19, the Defendant driven a C-wing truck with one ton of freight in the state of alcohol alcohol 0.110% while under the influence of alcohol without obtaining a driver’s license from a vehicle in approximately 800 meters from the front parking lot of the yellow funeral hall to the house of the Defendant located in the Goungung-gun, Goung-gun, Goung-gun.

As a result, the Defendant once or more times driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, summary order, etc.;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act committed four times (one time among them is a crime of violating road traffic laws (the driver’s licenseless driving)); (b) the driving distance of drinking is relatively short; (c) the Defendant’s age, occupation, family environment; (d) favorable circumstances such as the Defendant’s erroneous recognition; and (e) the Defendant’s blood alcohol concentration in the Defendant’s blood at the time of the crime; (e) the interval between criminal records and the instant crime and the time of the instant crime; and (e)