beta
(영문) 대전지방법원 논산지원 2017.07.04 2017고단315

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 March 16, 2017, at around 17:27, the Defendant driven C truck under the influence of alcohol level of about 0.1% while under the influence of alcohol level of 0.1% without obtaining a driver's license from around the road in front of the dwelling of the Defendant in Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, the Hasan-gun, the Hasan-gun, the Hasan-gun, the front of the dwelling of the Defendant, in

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Application of enforcement manual statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed again the instant crime even though he/she had been punished several times (one time of actual punishment, one time of suspended execution, and four times of fines), does not have any unfavorable circumstances, such as the defendant again committed the instant crime. However, the punishment shall be determined as ordered in consideration of all the sentencing conditions indicated in the pleadings of the instant case, such as the defendant's age, sexual behavior, environment, criminal records, criminal records, circumstances, the number of alcohol concentration during driving, etc.