(영문) 전주지방법원 군산지원 2016.06.15 2015고단1110

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(영문) 전주지방법원 군산지원 2016.06.15 2015고단1110

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 8, 2009, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws at the Jeonju District Court on the grounds of a fine of one million won, a fine of five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court on January 12, 2015, and a fine of seven million won due to a violation of road traffic laws at the Jeonju District Court on June 15, 2015.

On October 26, 2015, at around 23:27, the Defendant driven a knive-in car with alcohol content of 0.101% while under the influence of alcohol without obtaining a driver’s license from a section of about 2 km from the front of the YMCA to a postal-affiliated parking lot located in the same credit-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions: A written inquiry about criminal history and the application of the Acts and subordinate statutes (the previous and the previous provisions);

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 defendant, who has been punished several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, is not weak in the nature of the crime. However, the defendant's mistake is recognized and against his/her own mistake, there is no record of punishment exceeding the fine due to the same kind of crime, and the defendant's age, sex behavior, environment, etc., and all other circumstances constituting the condition of sentencing shall be determined as per the order.

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