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(영문) 서울중앙지방법원 2013.05.31 2013고단1992
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six 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

The defendant is a person who drives a motor vehicle B.

On March 29, 2013, at around 00:16, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.066% without a car driver’s license, driven the said vehicle at approximately 150 meters away from the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul, at a place where it is impossible to identify the buridong site of Gangnam-gu, Seoul, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant committed the instant crime in spite of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture had a record of six times criminal punishment due to drinking driving or unlicensed driving, etc., the quality of the crime of this case is not somewhat weak.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant was aware of the crime in this case and reflects the mistake, that the result of the defendant's blood alcohol concentration is low, that the defendant has no criminal record exceeding the fine, and that there is no other criminal record in the records, such as the defendant's age, character, conduct and environment.

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