beta
(영문) 부산지방법원 2014.07.25 2014고단3218

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court on February 18, 2009 for the crime of violation of the Road Traffic Act, etc., and was sentenced to one year and six months of imprisonment with prison labor at the Changwon District Court on January 7, 201, for the crime of violation of the Road Traffic Act, at the Changwon District Court’s branch on January 15, 201, and the execution of the sentence was terminated on April 26, 2012.

On March 23, 2014, at around 22:25, the Defendant driven CM520 automobiles in approximately 300 meters from the front of the cafeteria-dong, Busan Dong-dong, Busan Dong-dong, to the front of the water purification tank, while under the influence of alcohol by 0.136% without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (whether or not criminal records, criminal records, and repeated crimes are committed);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor, taking into consideration the fact that it is a crime during the same kind of punishment and the period of the same repeated crime;

1. Article 35 of the Criminal Act among repeated crimes;

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