beta
(영문) 의정부지방법원 2017.07.18 2017고단940

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 July 28, 2014, the Defendant was subject to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court on July 28, 201, and on September 30, 201, the Seoul Eastern District Court issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and was subject to punishment twice or more.

On February 15, 2017, the Defendant, without a driver’s license, driven a DNA car under the influence of alcohol content of 0.077% in blood while under the influence of alcohol while driving a DNA car with a distance of about 5 km up to 718 meters in front of the string of 718 Ma-ro, Mabcheon-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle and the driver’s license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, including the two-time driving before and after drinking alcohol, the non-licensed driving, three-time driving before and after non-licensed driving, and the fact that there is no previous conviction exceeding the fine; and