beta
(영문) 전주지방법원 2017.05.23 2017고단72

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 a summary order of KRW 3 million at the Jeonju District Court on October 18, 2010 to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million on August 20, 2013 to a summary order of KRW 10 million due to a violation of the Road Traffic Act (drinking driving), respectively. On January 12, 2016, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on October 20 of the same month.

On January 2, 2017, the Defendant driven a Cunstun vehicle under the influence of alcohol level of about 0.098% in alcohol level without a driver’s license at approximately 1 km section from the front of the Jinjin-gu Sademin Sademin Sademin Sademin Sademin Dom to the road adjacent to a country of the Republic of Korea located within 385, as in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. The application of an inquiry letter, such as criminal history, and a report on investigation (the same criminal record and report of the suspect);

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant had been sentenced to a fine and a suspended sentence due to drinking, driving without a license, etc. on several occasions, and in particular, the Defendant had been subject to protection and observation while under probation at the time of the pertinent drinking, driving without a license, and taking into account various circumstances, such as the Defendant’s age, occupation and living environment, the Defendant’s blood alcohol concentration and driving distance, etc.