beta
(영문) 광주지방법원 목포지원 2014.01.09 2013고단1710

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 31, 2008, the Defendant was notified of a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act (driving) by a violation of the Road Traffic Act, etc. at the Manpo District Court of Gwangju on February 1, 2008, and a fine of KRW 2 million by a violation of the Road Traffic Act (driving) at the Gwangju District Court of Gwangju on February 1, 2008. On October 21, 2013, the Defendant was driving a Bsch Rex automobile under the influence of alcohol concentration of KRW 0.264% without a vehicle driver’s license from the front side of the Crative restaurant in the Mancheon-gun, Youngnam-gun, Youngnam-gun, U.S. to the front side of the Mancheon-si, Youngnam-gun, Mancheon-gun, 15km-si without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in each copy of the relevant summary order attached to criminal records and investigation reports (Attachment of the same criminal records and investigation reports);

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the instant crime);

1. Article 62 (1) of the Criminal Act (including the absence of previous convictions who have been sentenced to imprisonment without prison labor or heavier punishment);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;