beta
(영문) 창원지방법원 2019.06.19 2019고단1086

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

[criminal power] On February 21, 2008, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court (hereinafter “FF”) on February 21, 2008, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (licenseless Driving) on October 8, 2008, and a summary order of KRW 7 million for a violation of the Road Traffic Act (Refusal of measurement) from the MF on June 11, 2012, respectively.

【Criminal Facts】

On March 31, 2019, at around 00:38, the Defendant driven a B-car under the influence of alcohol content of 0.053%, without obtaining a driver’s license, from around 300 meters away from the front of a restaurant where the trade name in the window of Changwon-si is unknown to the front of the Do square in the same Dong to the Do square in front of the Do square.

As a result, the defendant was a person who violated the regulations on the prohibition of drunk driving more 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. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, a sentence as ordered shall be determined by fully taking into account the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, such as the circumstances after the crime was committed.

Unfavorable circumstances: The defendant is divided into the harmful effects of drunk driving, the favorable circumstances such as the majority (two times related to drinking and three times without a license after 2006): the defendant's mistake.