beta
(영문) 창원지방법원 2018.04.19 2018고단167

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2007, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving), and on July 22, 2015, a summary order of KRW 4 million from a fine of KRW 1,000 due to a violation of the Road Traffic Act (driving) in the Daegu District Court Port Support.

On December 25, 2017, at around 09:20, the Defendant driven a coo vehicle in C without obtaining a driver’s license for a vehicle while under the influence of alcohol 0.093% of alcohol content in the blood, from the front day of the Kim Jong-dong, Sejong-si, Kim Jong-dong, to the front day of the Kim Jong-dong, Sam-dong, Kim Jong-si, Kim Jong-si, the Defendant driven a coo vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected violation of traffic laws (drinking, driving without a license) on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by fully taking into account the following circumstances: (a) the Defendant’s age, sex, 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.

The favorable circumstances: The defendant's mistake is divided, and it is hard to say that the defendant will not repeat the crime in the future, there are some circumstances to consider the defendant's driving circumstances, and the amount of alcohol concentration in the blood of the defendant at the time is considered.