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(영문) 의정부지방법원 고양지원 2018.04.27 2017고단3751
도로교통법위반(음주운전)등
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving). On March 24, 2009, the Incheon District Court was sentenced to imprisonment of 8 months and 2 years of suspension of execution with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing Vehicles), a violation of the Road Traffic Act (drawing Vehicles), a violation of the Road Traffic Act (drawing Vehicles), a violation of the Road Traffic Act (drawing Vehicles), a violation of the Road Traffic Act (drawing Driving) and a violation of the Road Traffic Act (licensed

Although the Defendant had been driving force twice or more as above, on December 10, 2017, the Defendant driven a CMW 528i car under the influence of alcohol content 0.11% while under the influence of alcohol while under the influence of 0.11%, without obtaining a driver’s license from around the 16km-gu, Seoyang-gu, Busan Metropolitan City from the front day of the restaurant for non-merchants in the Mari-ri in the city of Kimpo-si, Kimpo-si to the front day of the restaurant for non-merchants.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), copy of judgment, and application of Acts and subordinate statutes of summary order;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.; and (c) the sentencing as indicated in the records and arguments on changes, the sentence as ordered shall be

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