beta
(영문) 울산지방법원 2015.02.12 2014고단3328

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 17, 2013, the defendant was sentenced to two years of suspended sentence for a violation of the Road Traffic Act by the Busan High Court on April 17, 2013, and the same power has been exceeded eight times in addition to the final judgment on the 25th of the same month.

On September 4, 2014, the Defendant, at around 22:20 on September 4, 2014, driven a CDap motor vehicle at a section of approximately 300 meters from the public square parking lot in the Ye-dong Eup, the 0.149% of the blood alcohol concentration without a driver’s license, to the front day of the racing from the public square parking lot in the Ye-dong-dong Eup to the front day of all the 10-5 Lao phrases.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on detection of a drinking driver, the report on the circumstances of a drinking driver, and the correction certificate of a drinking-measurement;

1. Disqualification records, inquiry records, and driver's license register;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of summary order, etc.), summary order, application of statutes governing judgment;

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. Article 40 (Punishment of Crimes of each Road Traffic Act due to Driving of Motor Vehicles and Driving without Permission, and Punishment of Punishment on Crimes of Violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. In full view of the fact that discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act was included in the judgment of the reason for sentencing and nine times the same criminal records and nine times the suspended execution period is the same as the judgment of the court, and that the defendant drives a vehicle while driving the vehicle with higher drinking values, it is difficult to exempt the defendant from

In full view of the fact that there is a family member to support such circumstances and other sentencing conditions as the defendant's age, character and conduct, environment, etc., the sentence is determined as ordered.