beta
(영문) 대구지방법원 김천지원 2014.06.18 2014고단451

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

The defendant is a person who was sentenced to a suspended sentence for six months of imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on August 18, 2009 and two years of suspended sentence for eight months in imprisonment with prison labor at the Daegu District Court on June 13, 2013 and is currently under suspended sentence for two months in December 6, 2013.

On May 4, 2014, at around 21:00, the Defendant driven C Lasta car with the blood alcohol concentration of about 0.214% without a car driver’s license from around 7km section from the front day of the Yellow-si Kimcheon-si to the front day of the winter-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of criminal punishment six times since 2004, and in particular, even though the defendant was punished for a suspended sentence on two occasions as stated in the recent ruling, he still has not been divided, and the defendant continued to drive a motor vehicle while the driver's license was revoked due to a drunk driving in 2004. On February 10, 2012, the defendant was continuously driving the motor vehicle even though the driver's license was revoked, and there are no circumstances to consider in the motive for driving, and there is a high drinking water level, it is difficult to expect improvement of the defendant's character and behavior due to the punishment as stated in the previous sentence, and it seems difficult to expect the health without good condition.