beta
(영문) 광주지방법원 2017.05.25 2017고단660

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant driven a c food car owned by the Defendant without a driver’s license at around 0.100% of alcohol content in blood, up to 240,000 square meters prior to the roads of the 240,000 funeral funeral hall, according to the same Gu-grash, while under the influence of alcohol content of 0.10% in blood during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on January 2, 2017 of the Act on the Order to Provide community service and attend lectures does not seem to have long been punished due to drinking alcohol driving, etc., and thus, the crime liability is not exceptionally imposed in light of the fact that the crime was committed around February 2017. However, the fact that the drinking driving force is against the crime, the fact that the drinking driving force is one time, the alcohol concentration, driving distance, the defendant's age, sexual behavior, the environment, the circumstances after the crime, etc., shall be comprehensively taken into account all the sentencing conditions as shown in the argument in the instant case.