(영문) 대전지방법원 공주지원 2020.01.10 2019고단429

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 공주지원 2020.01.10 2019고단429

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 30, 2019, at around 08:45, the Defendant driven an E X-sports cargo vehicle under the influence of alcohol leveling 0.182% without obtaining a driver’s license from the section of about 10km, from the front of the vinyl, which was located in the same Gun C, to the front of the same Gun as a vinyl house, through a road located in the same Gun C, from the front of the vinyl house located in the same Gun C, to the front of the vinyl house located in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and a manual of control;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. To select imprisonment with prison labor in consideration of the fact that the blood alcohol concentration at the time of committing the crime for the sentencing of Article 62-2 of the Criminal Act is very high and three times of criminal records of the same kind;

However, there is no punishment for the same crime for more than 10 years, and there is room for the defendant to give the last opportunity to repent.

The execution of punishment shall be suspended and the punishment shall be determined as ordered in comprehensive consideration of the records of various sentencing, including the age, character and conduct, environment, occupation, family relationship, etc. of the defendant and the conditions of trial.

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제2호

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