beta
(영문) 광주지방법원 2019.02.19 2018고단3093

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 24, 2009, the Defendant issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act, and on September 18, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (a violation of the Act on the Aggravated Punishment, etc.) at the Sungnam branch of the Suwon District Court on at least two occasions. On September 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., (a violation of the Act on the Aggravated Punishment, etc., at the Sungnam branch of the Suwon District Court on July 9, 2018.

On July 23, 2018, at around 23:14, the Defendant driven, without a driver’s license, a 500-meter truck from the front Do in Gwangju Northern-gu, to the front road located in Gwangju Northern-gu D while under the influence of alcohol of 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: An inquiry letter, summary order and each judgment, and the application of Acts and subordinate statutes concerning the personal confinement status;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Taking into account all the circumstances, including the fact that the instant crime was committed in addition to not only several criminal records of the same kind for sentencing under Article 35 of the Criminal Act, but also the completion of the execution of imprisonment, and the fact that the blood alcohol concentration is very high, on the other hand, the Defendant’s mistake is recognized.