beta
(영문) 인천지방법원 부천지원 2015.06.18 2015고단1060

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2, 2010, the Defendant issued a summary order of KRW 1 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court on December 2, 2013.

On April 26, 2015, at around 01:10, the Defendant driven a BEE car under the influence of alcohol content 0.104%, without obtaining a driver’s license, in approximately 2km section from the front of the “Yancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the front road, an underground car located in 27:0 square meters wide.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a driver's license, report on the situation of driving without a driver's license, and inquiry into driver's license;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;