beta
(영문) 광주지방법원 2015.02.11 2015고단56

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

On November 17, 2014, the Defendant driven a Dom 520 vehicle under the influence of alcohol content 0.313% without a car driver’s license, under the influence of alcohol content 0.313% by the Defendant’s mother, who is in netcheon City C, from the front of his house to the top 54.2km of the Honam Highway, located in the Gero-Gun in the front of his house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 21,