beta
(영문) 대구지방법원 2016.11.24 2016고단4115

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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On October 6, 2003, at the Daegu District Court, the Defendant received a summary order of KRW 3 million from the same court on May 21, 2015 due to a fine of KRW 1 million for a violation of the Road Traffic Act, a fine of KRW 3 million for the same crime at the same court on May 21, 2015, and a fine of KRW 3 million for a violation of the Road Traffic Act on February 3, 2016, respectively.

【Criminal Facts】

On August 18, 2016, at around 22:55, the Defendant driven a B low-water vehicle with a blood alcohol concentration of at least 0.075% while under the influence of alcohol without obtaining a driving license from around 30 meters from the front of the restaurant of “pine trees” located in the Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front of the Han-si Incheon Special Metropolitan City, 78.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a car without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. License register;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.