beta
(영문) 청주지방법원 제천지원 2014.06.12 2014고단143

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 April 8, 2014, at around 01:10, the Defendant, while drunk with a blood alcohol concentration of 0.179%, driven Bho-do car at approximately 2 km from the road front of the Mebbage in the Namcheon-dong without a car driver’s license to the road front of the 54-lane in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on the situation of driving without a license, a report on detection of a driver without a license, a report on the situation of a driver with a driver with a license

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that even though the defendant had been punished several times due to drinking and driving without a license, it is not very good that the crime of this case is committed.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment of suspension of qualifications or more severe punishment, and other sentencing conditions.