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(영문) 대전지방법원 공주지원 2018.02.09 2017고단428

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 September 27, 2017, around 20:25, the Defendant driven a B-wing-III cargo vehicle under the influence of alcohol concentration of 0.109% while under the influence of alcohol leveling 0.109%, without obtaining a driver’s license, from the front day of the restaurant of “this Western Net World” to the front day of 221 lanes of the same Cheongyang-gu, Cheongyang-gu, Chungcheongnamyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the results of regulating drinking driving, a report on detection of a driver at driving, a report on the circumstances of the driver at driving, an investigation report, an investigation report (report on the circumstances of the driver at driving), an automobile driver's license register, and a written appraisal of alcohol during blood;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic 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 Social Service Order Criminal Act lies in a large number of criminal offenders, and causes traffic accidents while driving a drinking or without a license, and it is inevitable to choose a sentence of imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, family environment, blood alcohol concentration, frequency and frequency of driving without a license for drinking and without license, circumstances after committing the crime, etc. shall be determined as ordered by considering various circumstances.