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대전지방법원 2017.06.07 2017고단1501
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 10, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic laws at the Daejeon District Court, and on December 9, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of eight years for a crime of violating road traffic laws at the Daejeon District Court.

On March 28, 2017, the Defendant, without obtaining a driver’s license in around 22:19, driven a motor vehicle in the name of the company from the section of about 200 meters in the name of the company from the section of about 200 meters from the Hongdo-do-dong, Hongdo-dong, Hongdo-dong, Daejeon, under the influence of alcohol leveling 0.112% in alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiry results, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

3. Unfavorable circumstances: The defendant has already been punished twice due to drinking or unlicensed driving without being aware of the fact that he/she again commits the same kind of crime without being aware of the fact that he/she had already been punished, and that his/her blood alcohol concentration in the defendant's blood is not less than 0.112%: The defendant is led to the confession and the depth of his/her blood and not re-offending in the future

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