피고인은 2012. 9. 4. 21:30경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.188%의 술에 취한 상태로 충남 태안군 태안읍 동문리에 있는 전주돌솥밥 식당 앞 도로에서부터 같은 리에 있는 휴먼시아아파트 앞 도로까지 약 200미터 구간에서 C 포터 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. The defendant, who has been punished several times for the same crime in the last five years during the short period of imprisonment with prison labor, is subject to recidivism during the period during which the defendant committed the same crime, and driving without obtaining a driver's license, and thus, is not very serious. In light of the legal order of the defendant and the attitude of showing the risk of drinking driving, etc., even though considering the favorable circumstances, such as the defendant's behavior against the will to flag after committing the crime, a more suspended sentence or fine cannot be considered, it is inevitable to punish the defendant, and therefore, the sentence shall be imposed in consideration of the fact that the defendant contributed to society through his age, ordinary volunteer service activities, etc., the period during which the crime was committed, the period of recidivism, and the attitude against the mistake.