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(영문) 서울동부지방법원 2016.06.30 2016고단554
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 May 1, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on April 11, 201, and a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on July 23, 2015, respectively.

On February 21, 2016, the Defendant driven a vehicle Eniboo in the 2km section from the head of Songpa-gu in Seoul to the 74th roads in Songpa-gu Seoul Olympic Games without obtaining a driver's license for a motor vehicle on February 21, 2016, while under the influence of alcohol content of 0.128% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report on the driver's statement, inquiry of the results of crackdown on drinking driving, on-site photographs, and the full-scale ledger of the vehicle;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (referring to the same criminal history);

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of a small-scale driver (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. The community service order under Article 62-2 of the Criminal Act;

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