beta
(영문) 대전지방법원 2018.11.01 2018고단3240

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 July 1, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on July 1, 201, and a fine of KRW 2.5 million for the same crime at the same court on March 14, 201, and was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act at least twice.

On July 28, 2018, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of about 0.146% while under the influence of alcohol without obtaining a driver’s license from a section of about 1km in the front of the “Yancheon” road located in Pyeongtaek-dong 784-3, Seocheon-dong, 784-3.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the situation of driving without a license, report on the situation of the driver on the vehicle, investigation report (report on the situation of the driver on the vehicle), notification on the results of regulating the driving of alcohol, inquiry into the results of crackdown on driving of alcohol, response to requests for appraisal, report on detection of the driver on the vehicle,

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same kind of force), and application of each summary order Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

Unfavorable circumstances: The fact that a person repeatedly commits the crime of this case even though there are several records of punishment for the same kind of crime, and the fact that a person has repeatedly committed the crime of this case of the same kind, is more favorable than the drinking value: the confession, the fact that the same crime has been committed, but all, is the record of fine, and the prevention of