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Reasons
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(영문) 인천지방법원 2016.11.16 2016고단2772
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not more than ten 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

1. On March 12, 2016, at around 23:18, the Defendant driven a CAD car at a 5km section from the vicinity of Seocheon-si to the Seocheon-si to the 855-sporo road, while under the influence of alcohol with a blood alcohol content of 0.101%.

2. On March 12, 2016, the Defendant, without a driver’s license of a motor vehicle, driven C-Ad motor vehicle at a section of 500 meters from the apartment site of Gyeyang-gu Incheon Gyeyang Sports “Fag Price” to the front road of the 855-string distance, as it was driven under the influence of alcohol with a blood alcohol content of 0.058%.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The application of statutes to the ledger of driver's licenses, inquiry into results of the crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on the market), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on the market), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is two times the previous sentence against the defendant for the reason of sentencing of Article 62-2 of the Act on community service and lecture attendance order, and the repeated crime was committed as long as the duration of repeated crime expires, and even according to the defendant's assertion as to the circumstances of drinking driving under Article 6-2 (2) of the holding, the nature of the crime is not considerably good. On the other hand, each of the drinking water of this case is not high, and all of other factors

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