beta
(영문) 대전지방법원 2016.11.29 2016고단2951

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2016, at around 22:24, the Defendant driven a C Sti-type car under the influence of alcohol content 0.123% while under the influence of alcohol, without obtaining a driver’s license, from around the 10k section of the Buk-gu New Carbon Vibration Eela and the front road of Daejeon Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decision on the sentence of sentence that confessions and reflects the two times the criminal records of drunk driving, and eight times the criminal records of unauthorized driving: The court shall take into account the aforementioned circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime; and