beta
(영문) 대전지방법원 2020.09.11 2020고단2223

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 23, 2019, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on September 23, 2019, and on November 21, 2019, the Defendant was sentenced to imprisonment for 8 months and a suspended sentence of two years for a crime of violation of the Act on the Control of Narcotics, etc., and the said judgment becomes final and conclusive on November 29, 2019, and is currently under the suspended sentence.

On April 21, 2020, at around 01:00, the Defendant driven a fenz E220d car under the influence of alcohol concentration of about 0.121% without obtaining a driving license from around 268 meters from the front of the Daejeon Seo-gu B to the front of the restaurant in D.

As a result, the Defendant violated the prohibition of driving without a license and violated the prohibition of driving without a license more than twice.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. The investigation report on the actual condition of traffic accidents, the report on the circumstantial statement of a drinking driver, the investigation report, the notification of the results of the control of drinking driving and the inquiry into the results of the fact;

1. The register of driver's licenses for tea and cars;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records related to the same kind), references to the requisite agreement of the case, and application of statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen for the crimes under Articles 40 and 50 (Aggravation of concurrent crimes with the punishment determined for the crimes of violating the Road Traffic Act heavier than that of the said crimes) of the Commercial Concurrent Crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. 법률상 처단형의 범위 : 징역 1년∽2년 6월

2. Determination of sentence: Imprisonment with prison labor for one year, the defendant was involved in a physical accident in depth, the distance of operation was shorter, and the relation of social ties is clear, such as care for the mother with poor mobility.