beta
(영문) 대전지방법원 2016.12.22 2016고단3420

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 September 23, 2016, at around 11:40 on September 23, 2016, the Defendant driven a tea with two-string cargo while under the influence of alcohol 0.174% of blood alcohol content without obtaining a driver’s license for approximately 7Km in front of the 594 GS convenience store, as in front of the relevant market in the street.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Inquiry into the results of the crackdown on drinking driving and notification of the results of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Control note;

1. Application of statutes on field photographs;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the defendant shall be sentenced to imprisonment in full consideration of the circumstances favorable to the defendant, such as the time of committing the crime in this case; Article 62 (1) of the same Act; Article 62 (1) of the same Act that the defendant does not drive without a license or drive under drinking; Article 6 (3) of the same Act; Article 62 of the same Act

1. It shall be decided as ordered for the reason of probation, community service order and lecture order under Article 62-2 of the Criminal Act or more;