beta
(영문) 부산지방법원 2016.07.15 2016고단1839

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

On May 15, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch, and on April 7, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime, etc. at the Busan District Court’s Busan District Court.

On March 15, 2016, the Defendant, without obtaining a driver’s license at around 05:10 on March 15, 2016, driven a CK5 car at the 15m section from the front side of the apartment commercial building in Busan City to the front side of the road located in the same Dong as the 15m alcohol concentration.

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. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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

1. The fact that the Defendant’s age, sex, environment, background leading to the crime, circumstance leading to the crime, etc. is not subject to criminal punishment, and that the driving distance is shorter than the fine, despite the fact that the Defendant committed the instant crime in the state of drinking and drinking, even though there was a history of being subject to one-time criminal punishment due to one time due to driving without a license, driving without a license, and driving without a license, which is disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, and that the Defendant’s age, sex, sex, environment, circumstance leading to the crime, circumstances after the crime, etc. is determined as per the disposition.