beta
(영문) 청주지방법원 충주지원 2013.08.30 2013고단372

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch on May 23, 2012. On July 9, 2012, the same court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) and the same record was three times.

On June 3, 2013, the Defendant: (a) was a person with two or more times of alcohol driving skills; and (b) was driving C low-paid cars at about 150 meters of alcohol alcohol level without obtaining a driver’s license from the entrance of the head of the Gu bus terminal located in the Gu bus terminal located in the Chungcheongnam-si Culture Complex in Chungcheongnam-si, Chungcheongbuk-si to the front road of the family manpower center located in the same Dong; and (c) was under the influence of alcohol level of about 0.280% of alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Inquiry reports on criminal records, etc., and application of Acts and subordinate statutes attaching the same kind of judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The defendant has committed the crime of this case again even if he had the same kind of criminal records, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen punishment for drunk driving: The defendant reflects the crime and the health of the defendant is not good, and all other circumstances constituting the conditions for sentencing as shown in the records, such as the age, character and behavior, occupation and family environment, shall be taken into consideration;