beta
(영문) 전주지방법원 군산지원 2016.06.15 2016고단120

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 12, 2016, around 01:25, the Defendant driven a motor vehicle Category C motor vehicle without obtaining a driver’s license in the direction of approximately 2 km to the workplace located in approximately 6-lane 28, 01:35, the same day from the front line of the trade unclaimed main points in the Yasan-si, Yasan-si, Yasan-do to the front line of the workplace located in approximately 0.168% of alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

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 provides that a defendant, who has been punished for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, shall not be deemed to have granted a license for driving under the influence of alcohol, but the nature of the crime is minor, taking into account the fact that the defendant's mistake is recognized and reflects his/her mistake, and other all circumstances constituting the conditions of sentencing, such as the