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(영문) 청주지방법원 2018.10.04 2018고단1272
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 22:55 on May 17, 2018, the Defendant driven a blood alcohol level of 0.11%, while under the influence of alcohol level of 0.11%, from the front of the mutual influence point in the Heungdong-gu Heungdong-gu, Chungcheongnam-gu to the front of the 1st Doncheon-gu, the first Doncheon Road located approximately two kilometers away from May 17, 2018, without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to arrest and report cases

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

The defendant has previously been punished several times due to drinking driving, unlicensed driving, etc., and the fact that the amount of alcohol concentration among the defendant's blood was significantly high at the time of each of the crimes in this case, which led to the confession and reflects that the defendant's blood concentration was considerably high

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