beta
(영문) 의정부지방법원 2017.03.31 2016고단5267

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On May 29, 2009, the Defendant was sentenced to a summary order of KRW 4 million on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act (driving) and two years of suspension of execution. On July 6, 2016, the Defendant was issued a summary order of KRW 4 million by the District Court of the Republic of Korea on July 6, 2016.

[2] The Defendant did not obtain a driver’s license on November 24, 2016 at around 15:39, in violation of the foregoing provision, even though the Defendant violated the provision prohibiting driving of drinking twice or more, and thereafter, he driven Cpoter cargo under the influence of alcohol with alcohol content of 0.066% at a level of alcohol level 0.06% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;