beta
(영문) 대전지방법원 2014.05.16 2014고단1096

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 April 11, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act, and KRW 5 million as a fine in the Daejeon District Court Seosan Branch on June 27, 2013.

피고인은 2014. 3. 27. 20:15경 자동차운전면허를 받지 아니하고 혈중알코올농도 0.115%의 술에 취한 상태에서 세종특별자치시 조치원읍 원리 뚱가네식당 앞길부터 같은 시 연동면 청연로 백천교량 앞길까지 약 6km 구간에서 C 스타렉스 냉동탑차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written inquiry about the results of crackdown on drinking driving, and an inquiry about driver's license;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) (Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment (three times of a fine for the same kind, taking into account drinking distance and driving distance);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the age of the accused and the serious reflect);

1. Article 62 (1) of the Criminal Act (no criminal record of imprisonment without prison labor or any heavier punishment);