(영문) 대구지방법원 김천지원 2017.11.07 2017고단1199

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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1199

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 15, 2017, the Defendant driven CM7 car under the influence of alcohol content of 0.181% while under the influence of alcohol without obtaining a driver’s license from around the front of the Yong-gu University Hospital located in Daegu-gu, Daegu-gu to the front of the new church located in the north-gu, Daegu-gu, and without obtaining a driver’s license from about 4km section from around 15, 201 to the front of the new church located in the North-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes on license ledger;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant is subject to criminal punishment once due to driving of alcohol.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is also high.

Defendant was sentenced to imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and committed the instant crime only for three months since he was in the period of suspension of the execution.

Although the defendant has been placed in custody for about two months due to the crime of this case even though he/she was investigated and tried within the last one year, he/she has been detained for more than two months, and it is hard to say that he/she will not repeat again.

A defendant has no record of criminal punishment exceeding a fine for the same crime.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions for sentencing, such as the defendant's age, sex, family relationship, and circumstances after the crime.

참조조문

유사 판례

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