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(영문) 대구지방법원 상주지원 2018.05.15 2017고단541
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 25, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law in the resident support of the Daegu District Court on March 25, 2008, and a summary order of KRW 3 million for the same crime in the same court on August 2, 2010. On November 4, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court.

[Criminal facts] The Defendant, around November 23:18, 2017, driven C Poter Cargo at approximately 0.116% under the influence of alcohol level from the 1km section to the front road of “GS25 convenience stores” located in the Samcheon-gun, Seocheon-gun, Seocheon-gun, Seoul Special Metropolitan City around November 2, 2017 to the 3rd road of the same Eup.

On March 15, 2018, the Defendant driven C Poter Cargo Vehicles without obtaining a driver's license from around 500 meters in front of the road near the Gyeongcheon-gun D, Gyeongcheon-gun, Gyeongcheon-do, around 07:50 on March 15, 2018.

Summary of Evidence

.2017 Highest 541

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement prepared by the F;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstances of a driver driving at home, and report on the results of regulating drinking;

1. On-site photographs of an accident; 2018 Godan78;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the G production;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. An accident scene photograph;

1. Previous convictions: Application of the provisions of Part II Acts and subordinate statutes of inquiry letter, investigation report (No. 23 of the evidence list), each written judgment and summary order such as criminal history;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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