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(영문) 춘천지방법원 강릉지원 2016.03.24 2015고단1421
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 2, 2013, the Defendant was sentenced to a fine of KRW 7 million on the grounds of a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 5 million on October 17, 2014, respectively, by the same court.

[Criminal facts] On December 08, 2015, the Defendant driven the B rocketing car quantity owned by the Defendant without obtaining a driver’s license in the state of under the influence of alcohol content of about 0.080% (survey result) from a 20-meter radius from the cream front of the Fran forest located in Gangseo-si, Chungcheongnam-si to the front of the same Dong-dong to the emulated house located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes concerning investigation reports (the confirmation of criminal suspect's previous convictions);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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;

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