beta
(영문) 대구지방법원 2018.08.09 2018고단2772

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 May 17, 2018, the Defendant, at the request of the North-gu, 08:17, driven a Maz car under the influence of alcohol concentration of about 500 meters during blood without a driver’s license, from the front side of the “U.S.nam bank” to the front side of the “U.S.nam bank” in the north-gu, Maz car in the state of alcohol concentration of about 0.122% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

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 on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., which are shown in the arguments of this case, in light of the following: The confession and reflect of the favorable circumstances that have already been punished once due to drinking driving, and the disposal of vehicles, etc.