beta
(영문) 부산지방법원 2017.03.14 2017고단750

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Busan District Court on October 21, 2015, and on October 20, 2016, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on October 2016.

On January 9, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B Poter vehicle at a distance of about 400 meters from the front day of Maart to the front road of the same Eup/Myeon, as one of the events in the mountain of Suwon-gu in the state of drinking alcohol content of 0.079% in the blood alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to an investigation report (former and conclusive);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although the crime of this case was committed on two occasions due to the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, and one-time criminal punishment due to driving without a license, the crime of this case was committed on the basis of the reason for sentencing, and on the other hand, there was no record of criminal punishment exceeding 0.1% since 1984, and the defendant's age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc. shall be determined as ordered by taking into comprehensive account the following factors.