beta
(영문) 수원지방법원 여주지원 2014.04.14 2013고단568

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 24, 2007, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act, etc. in the Gwangju District Court's net support on October 24, 2007. On April 17, 2009, the Incheon District Court was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act (free license). On August 24, 201, the Defendant was issued a summary order of 3 million won by a fine for a violation of the Road Traffic Act (free license) in the branch court of the Suwon District Court's branch court.

1. On April 30, 2013, the Defendant, while under the influence of alcohol at 0.130% of alcohol level without a driver’s license on April 22:43, 2013, driven B rocketing car at the section of about 10 km from the doorline on the front of the “Lay department store” located in the Guri-si, Gyeonggi-do to the front of the Nari-si, Seonam-si, Chungcheongnam-do.

2. At around 22:00 on May 10, 2013, the Defendant, without a driver’s license, driven B rocketing car at the same 300-meter section from the Do in front of the “Korea-Japan-si” road located in the same Dong-dong without a driver’s license, while under the influence of blood alcohol level of 0.149%.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Report on the results of the control of drinking driving and on the driving of drinking drivers;

1. The register of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of each Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;