beta
(영문) 광주지방법원 2018.01.25 2017고단5190

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Power of crime】 On August 14, 2006, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 14, 2006, and a summary order of KRW 3 million to a crime of violation of the Road Traffic Act at the Gwangju District Court on January 27, 2012.

【Criminal fact-finding on October 31, 2017, the Defendant driven a vehicle of about 500 meters at Cmaribu in the direction of alcohol concentration of 0.075% while under the influence of alcohol during blood without a vehicle driver’s license, from the 21:35% near the Hachi-dong in Gwangju Northern-dong to the roads in front of the juvenile training center, the same Gu-ro 1’s youth training hall.

Accordingly, the Defendant, who violated the regulations prohibiting driving of a motor vehicle without a driver's license more than twice, was driving a motor vehicle under the influence of alcohol again.

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. Investigation report (report on the situation of the driver in charge); and

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that there exists a record of being punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that the person who was punished due to the initial drinking is around 2006, and that the previous punishment was imposed around February 2012, the fact that the person was diagnosed with the A upper-class cancer, and that the physical condition was the body condition where the surgery should be conducted by the A upper-class class, such as alcohol concentration, driving distance, the defendant's age, sexual behavior, environment, circumstances after the crime, etc. are shown in the argument of this case.