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(영문) 대전지방법원 공주지원 2019.07.05 2019고단178

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 5, 2019, at around 21:06, the Defendant driven Fpoter cargo under the influence of alcohol concentration of about 0.052% without obtaining a driver's license from the front side of the residence of C, which is located in Gongju-si, to the front side of E, Gongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The Defendant had three-time licenseless driving and one-time drinking driving after 2014, but re-offended within a short period.

In other words, even if the defendant is exceptionally punished, the corresponding edification or adaptation cannot be expected.

The sentence of imprisonment shall be imposed, and considering the fact that the driving distance was short and the blood alcohol level was not high, the sentence shall be determined as ordered in comprehensive consideration of the defendant's age, character and behavior, environment, occupation records, and various sentencing conditions shown in the trial process.