beta
(영문) 수원지방법원 2018.04.25 2018고단741

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2] On October 2, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Gwangju District Court on the grounds of a violation of the Road Traffic Act, a summary order of KRW 3 million for the same crime from the Suwon District Court on January 29, 2010, a summary order of KRW 8 million for the same crime in the same court on August 14, 2013, a summary order of KRW 7 million for the same crime in the same court on March 16, 2016, and a summary order of KRW 7 million was issued for the same crime in the same court on March 16, 2016, and the same court on January 18, 2017, which became final and conclusive on January 26, 2017.

[2] On January 13, 2018, the Defendant driven a car with three-way alcohol concentration of 0.141% in blood while under the influence of alcohol without obtaining a driver’s license from a section of about 100 meters to the front of the male road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the judgment of the same kind, a copy of summary order attached) and other statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act, which are heavier between the crimes provided for in Articles 40 and 50 (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act without permission);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Act on the Reduction of Small Amount of Punishment [the scope of sentencing] : (a) six months to one year and six months; (b) the following circumstances; and (c) other records, such as the Defendant’s age, sex, environment, motive for and circumstances after committing the crime.