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(영문) 광주지방법원 순천지원 2016.03.24 2015고단1512
도로교통법위반(음주운전)등
Text

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

On February 22, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s Netcheon Branch, and on March 11, 2015, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

On August 6, 2015, at around 00:29, the Defendant driven a B-in vehicle at the section of about 10 meters from the 10-meter road in front of the Pocheon City Ordinance of the relevant City Ordinance, while under the influence of alcohol of 0.066% in blood during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, investigation reports (report attached to the same type of crime), copies of summary order, and the application of statutes in Part IV;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the defendant's drinking alcohol, the record of punishment for non-licenseless driving, the degree of alcohol during blood, the circumstances of crimes, and the age, family environment, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;

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