beta
(영문) 수원지방법원 평택지원 2016.07.21 2016고단833

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant received a summary order of a fine of one million won for a crime of violating road traffic law (drinking driving) from the Suwon District Court on August 20, 2010. On August 22, 2013, the Defendant was sentenced to imprisonment of eight months and two years of suspended execution for the same crime from the Daejeon District Court’s Incheon District Court’s Branch.

On April 13, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on April 13, 2016, operated a C Ttiball motor vehicle under the influence of alcohol content of 0.130% in blood, and operated a section of approximately 100 meters in front of the new fire fighting station located in the same city of Pyeongtaek-si 22 at the same time on the roads near the Gyeong-si General Social Welfare Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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

1. Determination on the application of the sentencing guidelines for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act: In addition, even if the sentence was rendered in November 26, 2013, the driver had been sentenced to a suspended sentence of two years on November 26, 2015 by driving under the influence of alcohol again even though he/she had been sentenced to a suspended sentence of imprisonment in November 26, 2015, and the above appellate court had re-driving the drinking of this case while driving the drinking of this case.