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(영문) 수원지방법원 평택지원 2016.02.18 2015고단1841
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act, on December 12, 2013, from the Incheon District Court to a fine of KRW 7,00,00 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act.

Nevertheless, at around 15:25 on August 25, 2015, the Defendant driven a BM3 vehicle without obtaining a driver’s license in the state of alcohol with approximately 30km alcohol concentration of about 0.114% from the 30km section to the roads of the port resting area located in Pyeongtaek-si, Pyeongtaek-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driving a motor vehicle while drunk in violation of the same paragraph, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (former and summary order);

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

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

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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;

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