beta
(영문) 창원지방법원 2015.07.01 2015고단455

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 31, 2015, the Defendant, without obtaining a driver’s license at around 19:28, driven Csch-ton car at a section of approximately 200 meters from the front of the annual cafeteria restaurant located in the Ganan-si, Kim Jong-si, Kim Jong-si, in the influence of alcohol by 0.216%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant statutory driving for a crime: Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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 is that the Defendant was sentenced to a suspended sentence due to the violation of the Road Traffic Act in the past, as well as the fact that the Defendant was sentenced to a suspended sentence due to the violation of the Road Traffic Act in the past. The Defendant had the record of being sentenced to a fine for the same crime, and the Defendant had the record of being sentenced to a fine several times due to the violation of the Road Traffic Act (unlicensed Driving). At the time of driving of the instant case, the blood alcohol concentration level was very high at the time of driving, as well as the occurrence of

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and result of the crime, etc., shall be considered and sentenced to the same sentence in consideration of the fact that the defendant's mistake is divided and reflected, that there is no record of being sentenced to the suspension of execution or heavier punishment for the same crime after 202, and that there is no other record of being sentenced to