beta
(영문) 전주지방법원 군산지원 2018.04.27 2017고단686

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 April 24, 2017, 2017, the Defendant driven a Brocketing car without obtaining a driver’s license from around 3km to around 0.061% alcohol concentration in blood, from the first apartment on the day before the 1st apartment house located in the Yasan-dong, Yasan-si, Yasan-do, Chungcheongnam-do to the front road in the same city, Samsung Bio-dong from around 3km to the next Yasan-dong.

On January 3, 2018, the Defendant 2018, 13:35, 2018, the 2013rd class 45, the 2013rd class 13rd class 13 from the 13rd class 13rd class 2 to the 13rd class 13rd class 200m from the 3rd class 200m section of the 201st class.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the principal driver's statement report and the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include one time for the defendant's violation of the Road Traffic Act (Refusal of measurement of drinking), and eight times for the violation of the Road Traffic Act (non-licenseless Driving). In particular, the driving of the instant drinking is a crime of violation of the Road Traffic Act and a fine of five million won is notified of a summary order of a fine of five million won for the violation of the Road Traffic Act (Refusal of measurement of drinking), and the driving of the instant drinking again was a crime of violation of the said Act. However, the alcohol concentration in blood at the time of driving the instant drinking is 0.061% and is high.

The punishment shall be determined as ordered by taking into account all factors of sentencing, such as the defendant's age, family relationship, sex, criminal record, etc.