beta
(영문) 수원지방법원 2018.01.10 2017고단7163

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 22, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Suwon District Court on January 4, 2013, a fine of KRW 3.5 million for the same crime from the Pyeongtaek District Court on August 4, 2013, and the same court on August 7, 2014, respectively, to a suspended sentence of six months for the same crime. On March 21, 2017, the Defendant was sentenced to a suspended sentence of two years for the same crime from the Suwon District Court on August 21, 2017.

[2] On August 25, 2017, the Defendant: (a) was punished on at least two occasions for the same kind of crime; (b) but, from the vicinity of Samsung Digital Flaco in Osan-dong to the front of the Sejong Flaco in the same Sim-dong, the Defendant driven a car with C windowsomom without obtaining a driver’s license in approximately 4km section with alcohol content of about 0.110% in blood while under the influence of alcohol content from around 0.110% in the same Sim-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, a summary order, a copy of the judgment, and a report on investigation (related to confirmation during the period of suspended execution of a suspect) shall be made;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The circumstances favorable to the reasons for sentencing chosen to impose a sentence of imprisonment - The Defendant recognized all criminal facts. Disadvantageous circumstances - The Defendant has been punished several times for the same kind of crime, and the Defendant committed the instant crime without any particular reflectivity despite being sentenced to imprisonment with prison labor for the same kind of crime on March 2017. The Defendant continued to stop driving without a license, and thus, was at risk of repeating the crime.