beta
(영문) 서울서부지방법원 2013.09.05 2013고단1424

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 8, 2012, the Defendant was issued a summary order of a fine of 3.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on May 8, 2012, and on December 28, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court on December 28, 2012, and the said judgment became final and conclusive on January 5, 2013, and is still under the suspended

1. Around 08:20 on April 21, 2013, the Defendant driven a Crocketing car owned by the Defendant without a driver’s license, while under the influence of alcohol of about 300 meters from the eption distance near the calendar distance in Eunpyeong-gu Seoul Metropolitan City, to the front road of the Eunpyeong-gu “Dain Fisheries” (hereinafter “Dain Fisheries”), at approximately 01-75% of the blood alcohol concentration of 0.148%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, from around 00:00 on April 21, 2013 to 08:20 on the same day, the Defendant operated the said car owned by the Defendant at a level of about 800 meters from around 00:0 to around 697-3, Eunpyeong-gu, Seoul, Eunpyeong-gu to the front road of the Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons;

1. Reports on traffic accidents, reports on the actions taken against a driver, reports on the actions taken against a driver, and reports on the status of the driver, status of the driver, and statements;

1. On-site photographs;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Before ruling: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.