beta
(영문) 전주지방법원 남원지원 2014.07.08 2014고단106

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 23, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on December 26, 2013, a summary order of KRW 4 million for the same crime at the Southern District Court Branch Branch of the Jeonju District Court.

【Criminal Facts】

On April 20, 2014, at around 20:35, the Defendant driven BhoxG car without a car driver’s license in the 1km section from the front of the Dowon-dong Dowon-si to the front of the same Sindong Port Security Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has committed the instant crime even though he/she had a record of being punished for the same kind of crime several times, so it is necessary to strictly punish the defendant.

However, in light of the fact that the defendant has no record of being sentenced to punishment exceeding a fine, the fact that the blood alcohol concentration is relatively high, and other various sentencing conditions specified in the proceedings of this case, such as the defendant's age, character and conduct, environment, etc., the punishment shall be determined as ordered.