beta
(영문) 대구지방법원 2014.05.01 2014고단927

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 29, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on February 22, 2012, and was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act at the Daegu District Court on February 22, 2012, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on January 8, 2014 and was sentenced to a suspended sentence of two or more times for a drunk driving on January 8, 2014.

On January 12, 2013, at around 20:27, the Defendant driven a cargo vehicle of about 1 km C1 ton of blood alcohol while under the influence of alcohol of about 0.143% while under the influence of alcohol, without obtaining a driver’s license, from the front of the Youngcheon-dong located in the Yancheon-dong of Yongcheon-si, Youngcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on an entry into a driver's license;

1. Registers of driver's licenses;

1. Criminal records: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of the same kind of judgment sentenced to a suspended sentence of imprisonment), investigation reports (verification of the revocation of a suspended sentence), investigation reports (Attachment of summary orders of the same kind of drinking 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), 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant was punished several times for the same kind of crime, but also that the court was sentenced to a suspended sentence of imprisonment for eight months due to drunk driving on February 22, 2012 and again again led to the instant crime, in light of the fact that the court was under the suspended sentence of two years due to the suspended sentence of imprisonment for eight months, and that the crime was committed again.

However, the order is issued in consideration of various sentencing factors as shown in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.