(영문) 대전지방법원 천안지원 2019.01.11 2018고단2120



A defendant shall be punished by imprisonment with prison labor for not more than ten 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 26, 2013, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court, Daejeon District Court on August 26, 2013, and on October 21, 2016, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as above, at around 00:19 on April 15, 2018, the Defendant driven a DM7 car at the section of approximately 0.096% under the influence of alcohol concentration without obtaining a driver’s license in an outdoor parking lot for “C” in Boli-si B, Boli-si.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Registers of driver's licenses;

1. An investigation report (a statement of a person involved in an accident and confirmation of the gradient of a parking lot), an investigation report (road status, etc. at the scene of an accident);

1. Application of statutes to reply to criminal records, etc.;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and thus, is not bound to bear strict responsibility for the acts related thereto in order to prevent such crimes. The defendant is a drinking driving force and a unlicensed driving as stated in the facts constituting the crime.