beta
(영문) 수원지방법원 안산지원 2018.12.06 2018고단3463

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 September 29, 2018, the Defendant driven B Poter cargo without a driver’s license at a section of about 200 meters from around 9, 200 meters of alcohol level among blood alcohol level from around 17:12, 201 to around 2, 30, Ansan-si, a member of the Gu in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

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

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has again been driven without a drinking license even though the defendant had a history of punishment once due to drinking driving or twice a license without a license, and the nature of the crime is not good.

However, in consideration of the fact that the defendant has no history of punishment of imprisonment with prison labor or heavier, and the defendant shows an attitude against the law, the punishment shall be determined as ordered.