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(영문) 광주지방법원 순천지원 2018.05.18 2018고단594

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 16, 2008, the Defendant was sentenced to a summary order of a fine of one million won in the Gwangju District Court's Netcheon Branch, and a fine of five million won in the same court on April 24, 2017, respectively, for the same crime as the crime of violating the Road Traffic Act.

On January 3, 2018, the Defendant driven a B earthcar under the influence of alcohol leveling 0.092% without obtaining a driver’s license from the front of a mutual influent restaurant located in the Manyang-si, Gyang-si to the front of the Gyang-si 65 U.S.-ro 200 meters off a 200-meter-ro-ro-type-type-type-type-type-type-type-type-type-type-based-based-based-based-based-based-based-based-based

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and a copy of an summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as indicated in the Disposition shall be determined by comprehensively taking into account the following circumstances: (a) three criminal records of a fine due to the same kind of crime as the sentencing of Article 62-2 of the Social Service Order Criminal Act; (b) the criminal defendant committed a short-term crime after being punished in 2017; (c) the criminal defendant’s sexual intercourse; (d) the criminal defendant’s blood alcohol concentration is not high; and (e) the defendant’s age, sex behavior, family relationship, environment, details and result of the crime; and (e) the circumstances after the crime.