beta
(영문) 대전지방법원 2014.09.17 2014고단2428

도로교통법위반(음주운전)등

Text

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

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

The Defendant, at the Seoul Southern District Court on May 2, 2007, issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court, and issued a summary order of KRW 700,000 for the same crime at the Incheon District Court on November 15, 2007, respectively.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 00:40 on June 19, 2014, the Defendant driven a C Lastring car with about 40km of about 59 km from the Daejeon High Highway, Daejeon High Highway, to the road in front of 59 km, while under the influence of alcohol at a 0.131% of alcohol level without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses;

1. Division: Application of criminal history records, inquiry reports, investigation reports, and statutes attached to the same type of 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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment shall be imposed on each of the crimes at the time of market, and a punishment shall be imposed on the violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. In light of all the following circumstances, the circumstances favorable to the determination of punishment as stated in the order, considering the reasons for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The fact of crime is recognized and reflected, and there is no criminal record exceeding fines: The defendant has already been punished several times for the same crime.