beta
(영문) 서울서부지방법원 2015.02.03 2014고단1784

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, without a driver’s license on 01:29 on 14:29 on 01. 07.01, while under the influence of alcohol o.181% (0.181%) of the blood alcohol concentration, driving approximately 13 kilometers of Non-Indicted Party C’s Do in front of the Jindong-dong in Eunpyeong-gu Seoul Metropolitan City during the Gyeonggi High-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and investigation report (report on the circumstantial statement of a drinking driver);

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. A suspended sentence under Article 62(1) of the Criminal Act is a case where a defendant, who has been punished due to the reason, drinking, driving without a license, etc. for the sentencing for the reason, under Article 62(1) of the Criminal Act, drives without a license, and the nature of the crime is not weak, but is recognized and against his/her mistake, was detained, and all other circumstances constituting the conditions for sentencing, such as the character, conduct and environment of the defendant, shall be determined as ordered