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(영문) 광주지방법원 목포지원 2014.08.22 2013고단1471
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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On December 21, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of two million won or more for a violation of the Road Traffic Act at the Jung-gu District Court on May 15, 2007, by receiving a fine of 1.5 million won or more for a violation of the Road Traffic Act at the Jung-gu District Court on May 15, 2007.

【Criminal Facts” around 02:30 on May 31, 2013, the Defendant driven C 125CC under the influence of alcohol concentration of 0.155% without obtaining a driver’s license from around 500 meters in front of a restaurant in which it is impossible to find out the name and location of the tea or near the city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal and report on the status of the driver, and response to a request for appraisal;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same type of suspect records, etc.), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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

1. Selection of a sentence as a matter of choice of imprisonment (to consider that there was a history of having received a fine of one million won as a matter of drinking driving in 2002, and a fine of seven hundred thousand won as a matter of driving without a license in 2003, as well as the criminal records in the market);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1440, Jan. 1, 200

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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