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(영문) 대전지방법원 2017.11.23 2017고단3936

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2017, at around 02:00, the Defendant driven B K7 car under the influence of alcohol content of about 1.6 km from around 02:0 to the road front of the king-dong, Seo-gu, Incheon, Seo-gu, Incheon, to the road front of the same Gu king-dong, with no driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on detection of violation of traffic laws on roads);

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. A copy of the ledger using drinks for drinking;

1. Application of statutes on field photographs;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant has three times the ability to be punished for a crime of drinking or a non-licensed driving under the conditions favorable to the defendant (Article 62(1)); Article 62(1) of the same Act (Article 62(1) of the Criminal Act provides that the defendant is guilty and reflects the crime of this case; there is no criminal record exceeding the fine imposed on the defendant; there is no traffic accident due to the defendant's unauthorized license or driving under drinking; and

In light of the circumstances unfavorable to the defendant, etc., the execution of the sentence shall be suspended by comprehensively taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and trial process of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

1. It shall be ruled as ordered on the grounds of protection observation, community service order and order to attend a lecture, or heavier than Article 62-2 of the Criminal Act (in order to prevent recidivism);