beta
(영문) 의정부지방법원 2016.07.15 2016고단979

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (drinking driving), on July 16, 2012 to a summary order of KRW 1,500,000 to a fine for the same crime from the Daejeon District Court's Incheon District Court's Support on July 16, 2012, and on October 7, 2014 to a fine of KRW 5 million at the Seoul Central District Court, and was punished twice or more for a crime of violating the Road Traffic Act (drinking).

On February 25, 2016, the Defendant, at around 21:20, driven a DNA-learning car under the influence of alcohol by 0.179% in alcohol during blood, without obtaining a driver’s license, from the road near the alley of the National University in Gwangjin-gu, Seoul Special Metropolitan City to the road at a point of about 6.7km between the chief Ho-si, Namyang-si, Namyang-si, the 34-1, the Namyang-si, the 15km away from the road around the 6.7km away between the chief Ho-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative imprisonment with prison labor (such as the fact that the instant crime was committed again despite the number of records of punishment for driving under drinking, and the fact that alcohol concentration in the blood is relatively high);

1. Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that his/her mistake is recognized and that he/she reflects it, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;