beta
(영문) 대전지방법원 서산지원 2019.05.09 2019고단64

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

Reasons

Punishment of the crime

[criminal power] On July 13, 2018, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on July 13, 2018, and KRW 3 million for the same crime at the same court on the 20th day of the same month, three times of the same record including the issuance of each summary order of KRW 3 million for the same crime.

【Criminal Facts】

On December 28, 2018, at around 00:40 on December 28, 2018, the Defendant driven a B rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.122% from the front line of the trade name in the U.S. S. S. Sin-si Maddong-si, Seo-gu to the front line in the same Eup/Myeonndong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the occurrence of the case;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant has been recently punished twice due to drunk driving again without a driver's license, and the nature of the crime is bad in that it is not low.

However, the fact that the defendant's mistake and reflects the fact that there has been no serious criminal record in recent years, and other various sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, circumstances after the crime, etc., shall be determined as the order.