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(영문) 대전지방법원 2018.04.05 2018고단354
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 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 August 11, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Daejeon District Court on August 11, 201. On July 7, 2016, the Defendant was notified of a summary order of a fine of three million won for a crime of violating road traffic laws at the Daejeon District Court.

On December 19, 2017, at around 18:00, the Defendant driven a car under the influence of alcohol content of 0.253% without obtaining a driver’s license from the front of the trade influent main points in the U.S., U.S., U.S., U.S., to the front of the O.S., U.S., U.S. and the front of the O.S., U.S., U.S., 201.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving again without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of drinking drivers, and inquiry of the results of regulating driving of drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of Part III to inquiries, such as reports on investigation, criminal history, and summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Although a majority of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution, if we consider the repeated driving of a license without drinking, it is necessary to punish the defendant strictly, but it is against the fact that the defendant is recognized of mistake, the wife (Death on January 27, 2018) who was in the old and was supported by the police for a prolonged period of time, and the wife (Death on January 27, 2018) who was in the old and supported by the police, seems to cause the driving of drinking by taking advantage of the police officer's age, sexual behavior, environment, etc., and all of the sentencing conditions indicated in the records, the sentence as the disposition is ordered.

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