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창원지방법원 진주지원 2017.07.05 2017고단209
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On November 29, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 3 million for the same crime in the same court on July 26, 2007, and a summary order of KRW 5 million for the same crime in the same court on December 20, 2014, respectively.

1. On March 4, 2017, the Defendant driving a drinking and a non-licensed driver’s license on March 4, 2017: (a) on March 4, 2017, the Defendant driven a B-owned car under the influence of alcohol content of about 10 meters in the section of about 0.081% without the driver’s license from the front side of the Haak-dong Hyundai Apartment-dong, Jin-dong, Jin-si, Jin-si to the front side of the same large-sized apartment to the same 10m-dong Haak-dong

2. On March 14, 2017, the Defendant, who was under the influence of alcohol and without a license, driven a franchising car without a driver’s license on March 14, 2017, in the section of about 10 meters, from the 10-meter radius to the 85th road, from the Haak-dong Haak-dong, Jin-dong, Jin-si, Jin-si, Jin-si, Seoul, to drive the fransing car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol, and a statement of the circumstances of the driver of drinking alcohol at the same time on March 4, 2017;

1. A report on the detection of a driver at home, and a report on the circumstances of the driver at home on March 14, 2017;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with regard to crimes of violation of the Road Traffic Act (driving of Drinking), which is based on the judgment of the higher court, March 14, 2017];

1. Article 62(1) of the Criminal Act 1.