beta
(영문) 의정부지방법원 2016.11.11 2016고단3873

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

[criminal power] On March 26, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and on July 23, 2013, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on July 23, 2013, and on September 14, 2015, the Defendant received a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on September 14, 2015.

【Criminal Facts】

On August 1, 2016, around 23:01, the Defendant driven a BEE car under the influence of alcohol concentration of about 0.156% without obtaining a driver’s license from the front of 35 Dacheon-ro, Gwangjin-gu, Seoul to the upper road of 15 km-ro, 116, the 3rd Dok-ro, the Dok-ro, the Namyang-si, the Namyang-si, the Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The period of punishment for drinking or unlicensed driving is four times, and the operating distance of this case is less favorable to the defendant: The defendant is aware of the crime of this case; the defendant disposes of the vehicle of this case in his own sense; there is no history of punishment exceeding the fine; the defendant is responsible for living in supporting his wife and her children; and the defendant is responsible for living in support of her wife and her children; and the defendant's age, character, character, environment, family relationship, means and result of the crime, etc.