beta
(영문) 서울서부지방법원 2014.01.23 2013고단3347

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

On May 13, 2008, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 13, 2008, and on February 23, 2012, the Defendant issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon Western District Court’s Branch Branch.

At around 22:10 on October 24, 2013, the Defendant, without obtaining a driver’s license, driven a B-type cargo vehicle with approximately KRW 1 km from the 279-1st road in Mapo-gu Seoul Metropolitan Government, Seongbuk-gu, 0.153% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) 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 ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act due to a heavier drinking operation, shall be imposed, but choice of imprisonment shall be imposed);

1. Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession and reflect) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is a family member to be adopted and that a family member will not repeat again);