beta
(영문) 의정부지방법원 2019.05.22 2018고단5141

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

At around 03:30 on November 2, 2018, the Defendant driven a D Ecoo vehicle without obtaining a driving license in the state of alcohol 0.131% under the influence of alcohol at approximately 1.5km from the front line of the trade in the vicinity of the Gyeonggi-do Cheongbuk-dong, which is located in the Gyeonggi-do Cheongbuk-dong, to the front line of the Gyeonggi-do Cheongbuk-dong, to the front road located in the same city B.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes on licenses inquiry;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant has been punished for the same kind of crime such as drinking, driving without a license, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even before sentencing of alternative sentence is imposed

In particular, the Defendant committed the instant crime under the influence of alcohol 0.131% in the blood alcohol concentration even though he/she was sentenced to a two-year suspended sentence on August 18, 2017 and was under the suspended sentence on August 18, 2017 due to the Defendant’s act of causing an accident while driving under alcohol, and was in depth diving without parking on the road.

There is a high possibility of criticism against the defendant who repeated the crime.

However, social ties seems clear, such as the fact that the defendant is recognized as committing a crime, there is a family member to support the defendant, a majority of the persons who are the will of the defendant, etc.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.