beta
(영문) 대구지방법원 포항지원 2016.07.21 2015고단576

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal history] On November 24, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on November 24, 2006. On August 28, 2014, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court.

[Criminal facts]

1. On September 17, 2014, the Defendant, without obtaining a driver’s license around 13:00 on September 17, 2014, driven a car as B Dou Dou at the section of approximately 300 meters from the roads adjacent to Daegu University located in the Sincheon-si New Branch of Geumcheon-si to the roads adjacent to Daegu University located in the same Ri.

2. On January 29, 2015, even if the Defendant had the power of regulating two times or more due to drinking driving, the Defendant, as above, driven C cargo at a section of about 1km from the front side of the Jin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Copy of the driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous records of judgment: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of power attached thereto);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a crime of violating the Road Traffic Act due to a drinking driving on January 29, 2015, a crime of violating the Road Traffic Act due to a driving without a license on the same day, a crime of violating the Road Traffic Act due to a driving without a license on the same day, and a punishment to be imposed on a crime of violating the Road Traffic Act due to a driving with heavy drinking);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the punishment heavier than that provided for a violation of the Road Traffic Act due to heavy drinking driving) shall be sentenced to the maximum term of two crimes.