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(영문) 대구지방법원 2013.09.26 2013고단4284
도로교통법위반(음주운전)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 June 4, 2013, the Defendant, without a driver’s license of a motor vehicle on June 22 and 21, 2013, driven a DNA-free motor vehicle under the influence of alcohol by 0.065% of alcohol alcohol concentration from the Daegu Doccchan located in the Geumyang-Eup Si, Seoyang-gu, Busan to the Dochan tourism front road located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in extenuating circumstances and report on detection of a host driver;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant provisions of Article 148-2 (2) 3, 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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that the defendant was punished five times due to drinking, driving without a license, and the defendant was holding a vehicle in his own name even though he was not subject to a license for driving the motor vehicle. In light of the fact that the defendant strictly punished the defendant. However, the defendant is against his mistake; the defendant's blood alcohol concentration at the time is not high; the vehicle was scrapped; the vehicle was scrapped; the vehicle was scrapped; the defendant's age, character and behavior, environment, relationship with the victim; the motive, means, result of the crime of this case; the circumstances after the crime was committed; and all other circumstances constituting the sentencing conditions specified in the records of this case shall be determined as the order.

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