beta
(영문) 수원지방법원 평택지원 2012.07.11 2012고합119

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 22, 2007, the Defendant was sentenced to a suspended sentence of 4 months in the Sungwon District Court's Sungnam branch on February 22, 2007, and was sentenced to a summary order of 2.5 million won in the branch court of Suwon District Court on June 7, 2010, and on January 18, 2012, the Defendant was sentenced to a suspended sentence of 2.5 million won in the branch court of Suwon District Court on January 18, 2012 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle). The said judgment became final and conclusive on January 26, 2012, and is still under the suspended sentence.

Criminal facts

Although the Defendant had been able to commit a violation of the Road Traffic Act more than twice as above, on February 22, 2012, at around 22:20, the Defendant driven Cone Star car from around about 3km to the front road of the restaurant at the Do in the city of 0.092% of the blood alcohol concentration without obtaining a driver’s license on February 22, 2012, while under the influence of under the influence of 0.092% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the actual status of drivers, reports on employment of drivers, reports on the actual status of drivers, reports on the driver's licenses, registers of driver's licenses, and next inquiry;

1. Previous convictions in judgment: Disqualifications of the main office, details of management and inquiry reports, investigation reports (former and previous confirmations), and application of Acts and subordinate statutes concerning criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The period of probation, for which the Defendant, on January 18, 2012, was sentenced by the Suwon District Court to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, was sentenced to a two-month suspended sentence on January 26, 2012.