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(영문) 수원지방법원 평택지원 2014.05.09 2013고단1543
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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 November 16, 2013, at around 13:25, the Defendant, without a driver’s license, driven the BK-5 vehicle volume under the influence of alcohol by 0.19% in blood alcohol concentration at the national highway No. 70 in front of the newanCC golf course located in the Gauri-si, Ansi-si, Ansi-si, Ansi-si, Ansi-si, Asi-si, Asi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Relevant provisions of Article 148-2 (2) 2, 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. On May 16, 2013, the Defendant of the suspended sentence under Article 62(1) of the Criminal Act, on the grounds of the suspended sentence, was sentenced to a summary order of a fine of KRW 4 million due to drinking alcohol, driving without a license, and driving of a motor vehicle without a license on May 16, 2013. In addition, in light of the fact that the Defendant drives a motor vehicle without a license in a considerable drinking state within a short period of time, the Defendant appears to have the attitude to recognize the facts charged in the instant case and to reflect his/her mistake; again, he/she is blind of not drinking, driving without a license; the Defendant has no record of being sentenced to a fine higher than that of the Defendant; and other circumstances shown in the record, such as the Defendant’s age

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