beta
(영문) 서울북부지방법원 2014.08.21 2014고단1941

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 5, 2014, at around 21:35, the Defendant driven Bone Star vehicle under the influence of alcohol concentration of 0.221% without a car driver’s license in approximately 5km section from the Mayang-ro, Seoul Northernbuk-gu to the 122 front-ro, Samyang-ro, 122.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstances of the driving of a motor vehicle;

1. A report on the detection of a re-driving;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

The reason for sentencing is a dangerous crime that threatens the lives and property of an unspecified number of people as well as himself, and the criminal defendant has been sentenced to a two-year suspended sentence in June 2009 due to drinking driving, etc. but has been punished by a two-year suspended sentence, but the situation of driving a vehicle in a high state of driving 0.221% without a license.

However, it appears that the defendant is provoking of his mistake in depth, the defendant did not proceed to a personnel accident other than drinking in this case, the defendant did not have any criminal power except for the above previous conviction in 2009, the defendant was crashed among the rocks and suffered from an alley, etc. around June 29, 2014, and the defendant's age, family relation, personality and behavior, environment, history, motive for the crime in this case, circumstances leading to the crime in this case, and circumstances after the crime, etc. are revealed in the arguments in this case.