beta
(영문) 대구지방법원 김천지원 2013.08.29 2013고단812

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On December 22, 2006, the defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on March 2006, the same court was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in March 20, 2009, and on March 24, 2010, the same court was sentenced to a fine of KRW 8 months and a suspended sentence of two years for a violation of the Road Traffic Act (driving). On July 3, 2013, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) and on July 11, 2013.

【Criminal Facts】

At around 23:10 on April 30, 2013, the Defendant, who had driven two times or more, driven a C Eccoo vehicle while under the influence of alcohol concentration of about 0.163% without obtaining a driver’s license in about 1km section from the front of the main point where it is impossible to know the trade name in the Sin Sin Sin-si, Sin-si to the front road of the Geumsan Industrial High School in the Gungu, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of driving a motor vehicle under consideration, report on the status of a motor vehicle under consideration, report on the status of a motor vehicle under consideration;

1. Registers of driver's licenses, details of disposition for cancellation of driver's licenses, and disqualified meetings of the main office;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (report on confirmation of the same criminal records), investigation reports (Attachment to the latest previous records and judgments), investigation reports (verification of the fixed date of the stay of execution of a suspect), and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act [the crimes of violating the Road Traffic Act as of July 11, 2013, etc.];