beta
(영문) 서울중앙지방법원 2018.02.07 2017고단8414

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 21, 2017, around 07:21, the Defendant driven a B knife vehicle under the influence of alcohol content of 0.080% in alcohol without a driver’s license from the Do near the Handong-dong, Yeongdeungpo-gu Seoul Metropolitan Government to the 6rd road of the Dongjak-gu Seoul Metropolitan Government Almaro-ro, thereby driving the Bknif vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. 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 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. The sentence shall be imposed in consideration of the fact that the defendant had been sentenced to a suspended sentence by driving without a license in 2016, especially the fact that he/she committed the drinking and non-licensed driving of the instant case during the grace period. However, the sentence shall be determined as ordered by taking into account the following factors: the defendant's age, sex, environment, circumstances leading to the commission of the offense, circumstances after the commission of the offense, etc.: