beta
(영문) 대전지방법원 2017.04.19 2017고단308

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 became final and conclusive.

Reasons

Punishment of the crime

On June 23, 2009, the Defendant was issued a summary order of a fine of five million won for a violation of road traffic laws at the Daejeon District Court on June 23, 2009; on January 15, 2014, a fine of four million won for a violation of road traffic laws in the official branch of the Daejeon District Court on January 15, 201, and on May 25, 2016, the Defendant was detained by non-detained to the Daejeon District Court on May 25, 2016, and is currently pending trial.

On January 4, 2016, the Defendant, as seen above, driven a bicycle with approximately 2 km alcohol concentration of about 0.106% while under the influence of alcohol without obtaining a motor device license from the front of a restaurant where the trade name in the Tae-gu Tae-dong, Daejeon is unknown, Daejeon, on January 4, 2016, and around 06:5, the Defendant driven a bicycle with approximately 0.10% alcohol concentration in blood without obtaining a motor device license from the section of the section of approximately 2 km to the original sports front road in the Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant, including the previous conviction stated in the judgment, has been able to drive alcohol three times due to drinking alcohol, four times due to unlicensed driving, and circumstances favorable to the defendant's main driving: O and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, motive for committing a crime, and circumstances after committing a crime;