beta
(영문) 광주지방법원 순천지원 2018.06.08 2017고단2313

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon Flag Flag method sources, and on August 21, 2009, a summary order of KRW 3 million was issued in the same court due to the same crime, etc.

On August 13, 2017, at around 02:20, the Defendant driven a B Car while under the influence of 0.110% alcohol while under the influence of alcohol while under the influence of 0.110%, without obtaining a driver’s license, from approximately 4 K KK section to about 3 0.0% in the same Eup of the same Eup from the Gato beach located in the valley, Hong-gun, Hongnam-gun, Hongnam-gun, Hongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger, etc.;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant for the reason of sentencing shall be determined as ordered in consideration of all the circumstances of sentencing, including the Defendant’s age, family environment, and the time interval between the Defendant’s previous conviction and the instant crime, the degree of alcohol alcohol in the Defendant’s blood, drinking and driving distance without a license, and the circumstances after committing the crime, etc.