beta
(영문) 전주지방법원 군산지원 2016.05.04 2016고단148

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2010, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court on May 24, 2010, a fine of two million won for the same crime in the same court on May 18, 2012, and a fine of five million won for the same crime in the same court on April 25, 2013, and a person who violated the Road Traffic Act (driving) more than twice.

On February 23, 2016, the Defendant driven B rocketing car with approximately 300 meters alcohol content 0.144% alcohol content in blood without a driver’s license from the front of the Gun Medical Center located in the Gun Medical Center located in the Gun Medical Center located in the Gunsan-si, Do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (reports on the previous convictions in the same case), application of statutes governing the judgment;

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. Article 62(1) of the Suspension of Execution Act provides that a defendant who has been punished several times due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act shall be deemed to have driven without a license. However, although the nature of the crime is minor, the defendant shall be deemed to have recognized his/her mistake and against himself/herself, the defendant has no record of being punished exceeding the fine due to the same kind of crime, and the defendant's age, sex behavior, environment, etc. shall be determined by taking into account all circumstances constituting