beta
(영문) 전주지방법원 2013.10.23 2013고단1656

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 18, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court on September 18, 2008, as a crime of violation of the Road Traffic Act (driving) at the Jeonju District Court on May 30, 201, a fine of KRW 3.5 million by the former District Court on May 30, 201, a fine of KRW 3.5 million by the former District Court on September 30, 201, a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (Unlicensed Driving).

At around 02:00 on June 9, 2013, the Defendant driven DWW car without the driver’s license from around 500 meters from the front day of the restaurant in the fishery market at Ymsan-dong Kim Jong-dong, Kim Jong-si to the front day of 103-dong 103-dong, Kim Jong-si, while under the influence of alcohol at least twice in the blood alcohol concentration of 0.166%.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Notification of the results of regulating drinking driving, and inquiry of driver's licenses;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports, including criminal history, and 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 (two-way driving, two-time driving without obtaining a license, and consideration of the same kind of power, such as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, once);

1. Mitigation of discretionary punishment: Articles 53 and 55 (1) 3 of the Criminal Act (in addition to the fact that the punishment is repeated, and the suspension of execution of imprisonment with prison labor sentenced once every 15 years prior to the previous sentence, etc., it shall be considered that there exists no grave criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;