beta
(영문) 광주지방법원 2015.08.13 2015고단1702

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 4 million at the same court on January 7, 2013 as the same crime.

On April 22, 2015, the Defendant was under influence of 0.062% of blood alcohol concentration without obtaining a driver’s license, and was driving C Poter Cargo at approximately 4 km from the Defendant’s house located in B on April 22, 2015 to the roads in front of the Yangsan Elementary School located in the same altitude.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence under Article 62(1) of the Criminal Act takes full account of all kinds of sentencing conditions shown in the pleadings of this case, including the defendant's drinking alcohol driving and unlicensed driving records (the person who has been punished twice as a drinking driving and has no record of punishment or more severe punishment) of the defendant, driving distance, blood alcohol concentration, and other age, character and conduct, environment, health conditions, details of the crime and circumstances after the crime, etc.