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Reasons
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(영문) 광주지방법원 2015.11.12 2015고단3377
도로교통법위반(음주운전)등
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1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant driven at approximately 30km from the 1113.2km line to the upper km line of 113.2km line, where he was under the influence of alcohol by 0.20% without obtaining a driver’s license, and was under the influence of alcohol by 0.20%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the actual condition survey report, internal investigation report (limited to the specification of vehicle drivers and the control of drinking), the circumstantial statements of drinking drivers, notification of the results of the control of drinking driving, and the application of the regulations on the register of driver's licenses;

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

1. The circumstances after the crime are not good, such as: (a) the fact that there exists a record of punishment several times for the reason of sentencing under Article 62-2 of the Criminal Act, (b) the blood alcohol concentration is very high, and (c) the defendant denies the driving when he was investigated by the police; (b) however, there is no criminal record exceeding fines for the same kind; and (c) the defendant’s age, character and behavior, environment, details of the crime, and circumstances after the crime, etc. are considered in light of all the sentencing conditions shown in the arguments of the instant case,

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