beta
(영문) 광주지방법원 2013.05.02 2013고단1258

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 3, 2013, while under the influence of alcohol 0.134% by blood alcohol without a driver's license, the Defendant driven B Coin KJ vehicle from March 3, 2013 to the roads prior to the public announcement of the gold wave of Gwangju Northern-gu Manambamb, Gwangju-gu, Seoul, at around 01:19.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act or subordinate statute stated in a driver's license inquiry, a report on the current status of driving without obtaining a license, and a report on the current status of drivers;

1. Relevant provisions of Article 148-2 (2) 2, 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. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, even though he/she was sentenced to a fine three times for the same kind of crime in the last five years, he/she shall be sentenced to imprisonment with prison labor, but the execution shall be suspended in consideration of the reflection thereof