beta
(영문) 대전지방법원홍성지원 2020.12.15 2020고단919

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2020, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on January 2, 2020.

On July 23, 2020, the Defendant driven a DK5 car without obtaining a driver’s license from the front of the Do of Bocheon-si, B to the front of the city of the same city of the same city of the Gu of about 5km with blood alcohol concentration of 0.153%.

Summary of Evidence

1. Previous records of a defendant's legal statement, notification of results of drinking driving control, and judgment on the ledger of driver's license of a motor vehicle: Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (Attachment to a summary order of like

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that taking lectures and the necessity of eradicating the reasons for sentencing under Article 62-2 of the Criminal Act is high, the degree of blood alcohol concentration, the punishment of a fine due to drunk driving, the re-offending without a license at the time when the license was revoked, and other factors for sentencing, including the Defendant’s age, occupation, family, criminal record, and environment, shall be determined by comprehensively taking account of various factors for sentencing.