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Reasons
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(영문) 청주지방법원 2016.10.12 2016고단1079
도로교통법위반(무면허운전)등
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A defendant shall be punished by imprisonment for 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 August 8, 2015, at around 18:35, the Defendant driven a C-wing truck with a blood alcohol content of about 0.358% under the influence of alcohol without a car driver’s license, from around 4.5km to the front road of a house located in 709-28, Jincheon-gun, Jincheon-gun, Inc., D-do, Inc., which was carried forward by Jincheon-gun, D-do.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. Notification of a statement of the state of drinking drivers, and the control results of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is driving a drinking or non-license for the reason of sentencing. In light of the defendant's blood alcohol concentration, the risk is considerable to the defendant's disadvantage. The defendant confessions the crime of this case and speaks against the defendant, and the fact that the defendant has no previous record within the last twenty years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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