beta
(영문) 대구지방법원 2017.07.06 2017고단2541

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 3, 2012, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on January 3, 2012, and on November 27, 2015, the Defendant was sentenced to a fine of 4 million won for the same crime in the same court and was punished for driving under drinking more than twice.

[2] On April 19, 2017, at around 10:15, the Defendant driven a B-to-purd motor vehicle under the influence of alcohol level of about 0.091% while under the influence of alcohol level of about 10km, without obtaining a driver’s license in the section of about 10km from the street in the vicinity of the Pacific-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun to the intersection in the south of the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.