(영문) 광주지방법원 해남지원 2017.03.16 2016고단517



A defendant shall be punished by imprisonment for 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.


Punishment of the crime

On December 13, 2016, around 20:05, the Defendant driven a car BV E Q90 with a alcohol level of about 0.139% from the 1km section to the road front of the excellent bus terminal located in the same Myeon from the Gu’s frequency in front of the Gu’s 20:05 line in the south-west, the south-west, the south-west, the south-west, and the Defendant driven a car under the influence of alcohol level of 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of enforcement manual statutes;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished four times due to drinking driving, he committed the instant crime without any awareness of any particular crime.

Although the defendant should be punished strictly, the suspension of execution shall be imposed only once in consideration of the fact that the defendant is against his/her will and that he/she has no record of punishment exceeding the fine.