beta
(영문) 창원지방법원 마산지원 2013.11.19 2013고단621

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

Reasons

Punishment of the crime

On July 8, 2013, at around 20:43, the Defendant driven B Poter truck under the influence of alcohol content of 0.164% without obtaining a driver’s license from a section of about 700 meters from the front of the Green Poter, which is located in the Changwon-si Masandong, to the front of the Guambridge located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drunk driving, report on the circumstances of drunk driving, inquiry into the results of crackdown on drunk driving, and circumstantial statement of a drunk driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is that the defendant again committed each of the crimes of this case, even though he had a history of punishment for one time for driving without a license and three times for driving without a license, and the blood alcohol concentration level is high, and its contents are not good. However, there is no criminal power imposed on the defendant more severe than a fine, and there is no depth of the defendant's mistake, and there is no traffic accident, and the defendant's age, character and behavior, environment, etc. are considered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, character and behavior