beta
(영문) 수원지방법원 안산지원 2016.09.29 2016고단2752

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

Reasons

Punishment of the crime

On January 25, 2010, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court Kimcheon on January 25, 2010 to a fine of KRW 1,50,000 as a crime of violation of road traffic law (driving alcohol), and on October 7, 2015 to a fine of KRW 3,00,000 as a crime of violation of road traffic law (driving alcohol), respectively.

On July 2, 2016, at around 06:10, the Defendant driven B low-speed car with alcohol content of 0.085% while under the influence of alcohol without a driver’s license from the front of Guro-gu Seoul Metropolitan City, Guro-gu to the front of a restaurant in the Hancheon-ro, Guro-gu, Seoul, 385.

[2016 Highest 3064] Defendant around August 8, 2016, at around 19:00 on August 8, 2016, Gangnam-gu Seoul Doro 43-ro

From the front of the first apartment of the U.S. M., the car was driven at approximately KRW 1 km from the section of approximately 1km to the front road of the same Doedong, Doedong, Doe-dong, Doe-dong.

Summary of Evidence

"2016 Highest 2752"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: References about criminal history and investigation reports (referring to the same criminal records and attachment of the same criminal records). "3064 Highest 3064";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;