beta
(영문) 서울동부지방법원 2014.12.03 2014고단1728

도로교통법위반(음주운전)등

Text

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

except that 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

[Criminal Power] On July 8, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act. On July 15, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Central District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 07:10 on December 27, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a vehicle with Ch-p-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the C-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making inquiries into the enemy and mandatory insurance;

1. Registers of driver's licenses;

1. A traffic accident report;

1. An investigation report (to hear the statements of the other party traffic accident of the reporter);

1. Previous records of judgment: Criminal records, etc., inquiry report, Konet case search, application of statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152, and Article 43 of the same Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.