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(영문) 대전지방법원 홍성지원 2014.02.28 2013고단1065

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 December 3, 2013, at around 20:25, the Defendant driven a CF truck under the influence of alcohol content of about 300 meters from the front side of the Domatic restaurant managed by Hongsung-gun Hong-gun, Hongsung-gun to the rear side of the red principal elementary school in the same Ri without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. The application of Acts and subordinate statutes to a report on inquiry and circumstantial statements made after drinking control;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the Defendant had not been aware of the fact that he had been subject to punishment twice due to drunk driving, and was engaged in the crime of drunk driving in this case at the same time without being aware of the fact that he had been subject to punishment four times due to drunk driving, and that there seems to be no circumstance to separately consider the circumstances of driving in this case, it is necessary for the Defendant to have a strict punishment corresponding to his attitude of light of the law.

However, it appears that the defendant led to the confession of the crime of this case and is against the truth, and that the blood alcohol concentration of the defendant at the time of the crime of this case is relatively minor, the accident occurred due to the driving without a license of this case, the distance of the defendant's driving at the time of the crime of this case was relatively short, the defendant was not guilty, the defendant was punished by a mixed person, and the defendant supported her wife and four children, her mother, and her mother who suffered from dementia.