beta
(영문) 인천지방법원 2013.10.17 2013고단3851

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 9, 2013, the Defendant, without obtaining a driver’s license at around 02:04, driving B tea at the section of approximately 300 meters in front of the road in front of the tri-dong Busan Bupyeong-gu Busan in the state of alcohol content of 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on circumstantial statements of a drinking driver, an appraisal report and an appraisal report, and a report on detection of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant statutory driving for a crime: Points of driving without a license under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act due to a more severe punishment)

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the driving without a license or license does not lead to a traffic accident)