(영문) 춘천지방법원 2018.10.17 2018고단796

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(영문) 춘천지방법원 2018.10.17 2018고단796

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 18, 2018, the Defendant driven B-wheeled a two-wheeled vehicle under the influence of alcohol concentration of 0.085% in blood without a motor device driver’s license from around 125-101, to the adjacent road of the 3km-ro 125-101, Gangwon-do, Seocheon-gun, Seocheon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes of paragraph (A) of this Article to photograph description, report on the circumstances of the driver's license;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime without being aware of the fact that he/she had been subject to respective criminal punishment due to driving without a license in 2008; (b) driving without a license in 2014; and (c) driving without a license in 2016 (2015; and (d) the Defendant committed the instant crime; and (b) the Defendant committed a traffic accident that shocks the vehicle that was driven at the time of the instant crime, which is disadvantageous to the Defendant.

However, it appears that the defendant recognized the crime of this case and reflected against the defendant, and that there is no record of criminal punishment of suspension of qualification or more severe punishment, etc., shall be considered as factors favorable to the defendant. In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all other circumstances, including the defendant's age, sexual behavior

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