특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case.
Punishment of the crime
On April 6, 2009, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Seoul Central District Court on April 6, 2009, and a fine of 2.5 million won for the same crime at the above court on October 6, 2009, and on December 21, 201, the above court was sentenced to a summary order of 2.5 million won for the same crime. On December 21, 201, the above court was sentenced to a suspended sentence of 2 years for imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic
On February 1, 2012, at around 13:05, the Defendant driven a DM7 car under the influence of alcohol with 0.140% alcohol concentration, without obtaining a driver's license, from the Do in front of the Guro-dong, Gangnam-gu Seoul Metropolitan Government to the 682-21 front road in Gangnam-gu, Gangnam-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness E;
1. Report on the state of drinking drivers, report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Investigation report (related to confirmation of a suspect's license);
1. Records before judgment: The application of inquiry reports on criminal records, etc., amounts of dispositions, results of confirmation, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for drunk driving of the sentencing for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is a dangerous crime threatening the life and property of others as well as that of themselves.
Nevertheless, the defendant is punished by a fine twice due to the violation of the Road Traffic Act (driving) and is a traffic accident while driving alcohol after drinking.