beta
(영문) 광주지방법원 해남지원 2018.09.06 2018고단221

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 1, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the support of the Gwangju District Court in Gwangju District Court, and on June 4, 2018, received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court in Gwangju District Court.

[2] On June 12, 2018, the Defendant driven Cschton car under the influence of alcohol content of about 0.121% without obtaining a driver’s license from around 300 meters at a distance of about 15-3 meters from the front day of the Western cafeteria located in the Seonam-gu Seoul Metropolitan City, Chungcheongnam-do to the front day of the same Eup/Myeon-do 15-3.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Investigation report (the driver's license register, etc.);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures is an act of undermining the large risk of many people.

The Defendant, through a fine of two times, driven a motor vehicle under the influence of alcohol without a driver’s license even though he/she received a serious warning of the risk of driving a motor vehicle.

It is necessary to punish the defendant strictly.

On the other hand, however, the defendant is going against his mistake and not to repeat the crime.

There is no history that the defendant was punished in excess of a fine.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.