beta
(영문) 창원지방법원 진주지원 2019.08.30 2019고단499

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years on September 7, 2018 at Changwon District Court's Jinwon Branch for the violation of the Road Traffic Act (driving) and a suspended sentence of two years on September 7, 2018, and was sentenced to a summary order of KRW 2.5 million on January 18, 2010 on two or more occasions due to drinking driving.

On April 9, 2019, at around 22:52, the Defendant driven a DNA car while under the influence of alcohol with approximately 500 meters alcohol concentration 0.117% without obtaining a driver's license from the Do in front of the South-west Navy B to the roads in front of the South-west Navy C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before and after judgments: Criminal history records, written judgments, results of search of consolidated cases, judgment, and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of each imprisonment with prison labor;

1. Discretionary mitigation: Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Even if they have been punished several times for the same crime, they are recognized to repeat the crime - during the period of suspended execution due to the same crime - dispose of the motor vehicle driven. Other factors such as the circumstances of the crime, driving distance, the