beta
(영문) 춘천지방법원 강릉지원 2016.07.21 2016고단670

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2016, at around 23:55 around the East Sea, the Defendant driven a car with C, under the influence of alcohol content of about 0.133% while under the influence of alcohol, without obtaining a driver’s license, at approximately 10 meters prior to the 103nd road of the 215 Young-gu, Sinit apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Application of statutes on field photographs;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that a fine has been imposed on two occasions due to driving of drinking alcohol, refusing to measure drinking alcohol, etc. in 2014, but the defendant has no previous conviction in excess of a fine, and is a drinking driving