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(영문) 대전지방법원 공주지원 2019.01.25 2018고단503
도로교통법위반(음주운전)등
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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 November 20, 2018, the Defendant driven a F-A-Wurt-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Mandatory insurance policies;

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (two times the criminal records of the same kind of crime of the suspect);

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. He/she shall select to be sentenced to imprisonment, taking into account the fact that a person has been punished for drinking or non-licensed driving on not less than two occasions, including probation, community service, or order to attend education, despite the fact that he/she has been subject to suspended sentence of imprisonment for the reasons of sentencing under Article 62-2 of the Criminal Act,

However, in the case of drunk driving, the execution of the sentence shall be suspended in consideration of the fact that 15 years have elapsed from the time of the last punishment, and that there is room for the defendant to be able to open.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records and various sentencing conditions shown in the trial process, such as the defendant's age, character and conduct, environment, occupation, family relationship, etc.

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