beta
(영문) 대전지방법원 홍성지원 2018.08.28 2018고단466

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2018, the Defendant driven, without a driver’s license, a bice B vehicle with a blood alcohol content of about 0.199% while under the influence of alcohol from around the 1k-distance 92 in front of the forest maw in the same city-ro 115 Do, from around the Don-do-ro 115 B-do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating 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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances before and after the instant crime, and the circumstances of the crime, etc.

D. Unfavorable circumstances: The defendant had been in the period of suspended sentence due to a crime of double-class (the current period of suspended sentence is limited to the current period of suspended sentence); although he had already been sentenced to a fine for driving under the influence of alcohol on February 22, 2018 during the above period, even if he was sentenced to a fine, he did not go against his will; and again, he had been in the process of dealing with an accident on the road and the vehicle under the influence of driverless license on the road; there is a high possibility of criticism and high risk of recidivism; normal circumstances that are favorable to the high concentration of alcohol during blood: confession and reflect;