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(영문) 인천지방법원 부천지원 2016.12.23 2016고단3163

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.


Punishment of the crime

On May 11, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for the same crime from the Busan District Court’s Branch Branch Branch on October 27, 2016.

On November 15, 2016, around 15:35, the Defendant driven B E250 benz automobiles under the influence of alcohol content 0.093% while under the influence of alcohol while driving a motor vehicle, even though the Defendant was under the suspension period of driver’s license from the street near the Seoul Western Truck Terminal to the street 249, Seocheon-si, Seocheon-si, and from the 11km road in front of the Algar network.

As above, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again during the suspension period of driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the actual status of a host driver;

1. Notification of the drinking control result;

1. Report on the situation of operation without a license;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the elements of sentencing unfavorable to the defendant, such as the fact that the defendant's blood alcohol concentration is high at the time of drinking driving of this case, the defendant had been punished twice due to drinking driving of this case, and the defendant again conducted driving of this case and driving without the license despite the fact that he had been punished twice, the defendant reflects his mistake, and there is no history of having been sentenced to a suspended sentence or a heavier punishment, shall be determined in full view of the factors of sentencing as ordered