beta
(영문) 청주지방법원 2019.05.01 2019고단175

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On July 8, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on December 28, 2017, the same court received a summary order of KRW 3 million as a fine for the same crime.

On January 15, 2019, around 22:55, the Defendant driven an Eflive vehicle under the influence of 0.089% of blood alcohol concentration without a vehicle driver’s license at a section of approximately 300 meters from the front of the Cheongju-si to the front road of the D Hospital located in Cheongju-si, U.S. C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' statement, the register of driver's licenses, and the application of Acts and subordinate statutes of the vehicle register;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Six months to two years from the date of imprisonment with prison labor within the applicable range of punishment by law;

2. Normal circumstances of eight months disadvantageous to a sentence of imprisonment: In addition to the previous conviction on five occasions, the person has been punished for a violation of the Road Traffic Act around 200, around 203, or around 2004, in addition to the previous conviction on five occasions.

In addition, there was a record of being punished for the crime of violation of the Road Traffic Act (unlicensed driving) around 2018, and the favorable circumstances that the crime of this case was committed during the suspension period of the execution of the crime of this type: The above circumstances appear to be contrary to the crime of this case shall be determined as ordered by comprehensively taking into account the defendant's age, character and behavior, environment, motive, means and result, circumstances before and after the crime.