beta
(영문) 대전지방법원 2019.03.28 2019고단440

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 15, 2018, the Defendant received a summary order of KRW 5 million from the Daejeon District Court as a crime of violation of the Road Traffic Act.

On November 29, 2018, the Defendant driven a motorcycle owned by the Defendant without a motorcycle driver’s license on November 23:25, 2018, with a blood alcohol content of 0.129%, while driving a motorcycle equivalent to approximately 300 meters from the front and rear of a restaurant in the trade name and stern in the Daejeon-gu B market to D in C.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2, 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act that choose the penalty for the crime;

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

1. Imprisonment with prison labor chosen;

1. Grounds for aggravation of the reasons for sentencing under Article 62 (1) of the Criminal Act: A recipient of a confession, a recipient of a assistances, or a recipient of a spine disorder due to reasons for mitigation, such as high blood alcohol concentration and accumulation of the same punishment