도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On September 23, 2009, the Defendant was sentenced to eight months of imprisonment due to a violation of the Road Traffic Act (driving) in the Chungcheong District Court’s Assistance, etc., and on June 29, 2012, the Defendant was sentenced to a summary order of four million won of a fine by the same court.
피고인은 2015. 07. 18. 03:40경 충북 음성군 대소면 오산리에 있는 탤런트 노래연습장 앞 도로에서부터 같은 면 태생리에 있는 세븐일레븐 편의점 앞 도로에 이르기까지 약 1km의 구간에서 자동차운전면허를 받지 아니하고 혈중알코올농도 0.168%의 술에 취한 상태로 D 포터 화물차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, report on the circumstantial statements of drinking drivers, driver's license register, and investigation report (video analysis report);
1. Application of Acts and subordinate statutes to criminal records and investigation reports (written report of judgment);
1. Relevant provisions of Article 148-2 (1) 1, 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. The sentence of sentence is inevitable due to the nature of the crime committed in this case, even though the defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was punished by drinking and driving without a license, etc. on several occasions.
However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the records and pleadings of this case, such as the fact that the defendant reflects the crime and the blood alcohol concentration.