beta
(영문) 창원지방법원 통영지원 2017.04.25 2017고단260

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

[criminal history] On May 10, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on May 10, 201, and a summary order of KRW 2 million for the same crime at the same court on May 22, 2012.

[2] On January 1, 2017, the Defendant driven a B-be vehicle under the influence of alcohol content of 0.098% in blood, without obtaining a driver’s license from the Do in front of the Do in front of the Do in front of the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment to the summary order, etc. of the same paper);

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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of punishment: Imprisonment with prison labor for up to one year and six months;

2. The fact that the Defendant was sentenced to a fine on several occasions due to drinking-free driving, etc., and that the Defendant caused a traffic accident that meets the central division at the time of committing the instant crime, etc. is disadvantageous to the Defendant.

However, the fact that the defendant is running the crime of this case, the degree of damage caused by the traffic accident caused by the defendant is not significant, and the defendant is punished in excess of a fine.