beta
(영문) 광주지방법원 2013.12.18 2013고단5373

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gwangju District Court on April 30, 2008, and a fine of KRW 7 million for a violation of the Road Traffic Act at the Gwangju District Court on June 14, 2012.

Criminal facts

At around 12:20 on September 17, 2013, the Defendant, without a driver’s license, driven a Crewing car in the state of alcohol of about 0.109% of blood alcohol concentration from the front parking lot of the tin-type cafeteria to the front on the street of the Chinese document at approximately 100 meters away from the mar-type cafeteria, a mar-gun, a mar-gun, a mar-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of investigation reports and other Acts and subordinate statutes;

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. Discretionary mitigation of punishment (see Articles 53 and 55(1)3 of the Criminal Act)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the relatively short distance of driving at the time of the defendant, the absence of imprisonment or more with prison labor for the same kind of crime, and the sale of the recent vehicle to another person);

1. Probation under Article 62-2 of the Criminal Act;