beta
(영문) 대구지방법원 김천지원 2015.03.05 2014고단1059

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 7, 2014, the Defendant driven D rocketing car under the influence of alcohol content of 0.124% without a car driver’s license in approximately 3km section from the roads near the new bridge in the old-si, Sinsi-si, Sinsi-si to the front road in the Gu, Sinsi-si, Sinsi-si.

2. At around 01:25 on January 11, 2015, the Defendant driven a Emasaw car with a blood alcohol content of about 0.104% while under the influence of alcohol without a car driver’s license from approximately 1.5km to the roads in front of the GG dormitory located in the old-si, Sinsi-si, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on the actual state of driving each driving, reports on the actual state of each driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment provided for in Articles 40 and 50 of the Road Traffic Act, between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act at the time of marketing, and each punishment shall be imposed for the crimes of heavy advance;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the provisions of the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in paragraph (2) of the same Article with heavy judgment);

1. Although the suspended sentence has a number of records of the same kind of force under Article 62(1) of the Criminal Act, it is reasonable to impose strict punishment in light of the following: (a) the interval between the crimes in the judgment and the circumstances leading up to securing a new disease; (b) the crime committed on August 2014 after the crime committed on August 201, 2014, it appears that the crime committed on January 2015 was committed during the trial, but it seems that the directors had never known that the trial continued to exist due to the crime while the crime was committed during the trial, and that it was a traffic accident before ten years.