beta
(영문) 의정부지방법원 2015.09.02 2015고단2126

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

On November 3, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's original branch on November 3, 2006. On September 12, 2014, the Defendant was sentenced to a fine of seven million won for the same crime, etc.

On May 19, 2015, at around 21:22, the Defendant driven a car with B, under the influence of alcohol content of about 0.115% without a car driver’s license, from approximately 500 meters away from the front of the restaurant of the “Fish Posing Posing Posing Posing Posing Posing Possing Posing Posing Posing Posing Posing Posing Posing Posing Posing

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on confirmation of criminal records of drunk driving) 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant shows the attitude of reflecting his/her misunderstanding while recognizing his/her misunderstanding, and that he/she has no record of the crime subject to suspended execution for about twenty years);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to order to attend a compliance driving lecture [in consideration of the fact that he/she again drives without a driver's license even though he/she had a record of punishment for drinking driving, such as the previous conviction in the judgment of the accused, again leads to an act of driving without a driver's license]