beta
(영문) 수원지방법원 평택지원 2015.09.03 2015고단927

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2015, at around 20:41, the Defendant driven a vehicle of about 3 meters in C low-speed while under the influence of alcohol content 0.329% without a driver’s license on the front of Pyeongtaek-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A report on detection of a host driver and a circumstantial statement;

1. The application of Acts and subordinate statutes to written appraisal of blood alcohol concentration;

1. Relevant provisions of Article 148-2 (2) 1, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Determination on the application of sentencing guidelines for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: consideration of all the circumstances, including the suspension of execution, the fact that a suspended sentence was sentenced on April 16, 2015 and re-driving the same vehicle during the period of probation, the fact that the blood alcohol concentration is high, etc.