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(영문) 전주지방법원 2014.10.31 2014고단1271

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On April 5, 2007, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 3, 2008, a summary order of 2.5 million won by a fine at the Seoul Central District Court on September 3, 2008, and a summary order of 5 million won by a fine at the Jeonju District Court on April 8, 2014.

[Criminal’s Facts of crime] On July 13, 2014, the Defendant driven a CSB car under the influence of alcohol concentration of 0.141% without a driver’s license on the road in front of “on the fluored steel products” located in the Jinjin-gu, Jinjin-gu, Seoul, Seoul, despite the history of drinking twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include three times for drunk driving, three times forless driving, three times forless driving, etc., and in particular, despite the previous convictions for a suspended sentence due toless driving, etc., the Defendant is sentenced to the sentence on the ground that the possibility of criticism is high in light of the fact that the Defendant again committed the instant crime, but the Defendant is highly likely to have made a confession and seriously against the instant crime, and the sentencing materials indicated in the instant records, such as the background of the instant crime, the Defendant’s family environment, economic circumstances, and health conditions, are considered as follows.