beta
(영문) 대구지방법원 상주지원 2019.05.28 2019고단42

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 23, 2018, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on December 31, 2018.

On February 19, 2019, the Defendant, without obtaining a driver's license on February 18:5, 2019, driven a B 1 ton cargo vehicle from the section of about 10km in the direction of B 10k away from the middle-distance road located in the middle-distance road at the time of stay in the state of 0.078% under the influence of alcohol with the blood alcohol concentration of 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that the defendant reflects the wrong, the fact that the defendant is less than 0.1% of drinking water, the fact that the vehicle has been disposed of, the fact that there is no criminal record of the suspension of execution or higher,

1. Probation, orders to provide community service and attend lectures, and Article 62-2 of the Criminal Act ( considered three times of sound driving, two times of licenseless driving, etc.);