대구지방법원 2014.08.05 2014고단1982



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

On August 14, 2008, the Defendant received a summary order of KRW 3,000,000 from the Daegu District Court due to the crime of violation of the Road Traffic Act (driving). On December 12, 2011, the Defendant received a summary order of KRW 4,00,000 from the Daegu District Court due to the crime of violation of the Road Traffic Act (driving).

On March 21, 2014, at around 23:50, the Defendant driven a B 300-C car under the influence of alcohol content of 0.103% while under the influence of alcohol without obtaining a driver’s license from approximately five meters from the front of the oil station in front of the Jin-si Si in the Jin-si Si in Gyeonggi-do to the front day of the Japanese Doctri Association located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (a copy of the summary order of the relevant case);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking or non-licensed driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, and the defendant's age, character and conduct, motive, means and result of the crime of this case, and the circumstances after the crime of this case are considered, and the punishment as ordered shall be determined in full view of all the factors of sentencing as stated in the above case.