도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 6, 2014, the Defendant, without obtaining the driver’s license at around 21:20, driven a B-II truck at the section of about 1 km from the front side of the Siljin-si in Sin-si, Sinjin-si to the Sindo-dong parking lot with approximately 0.075% alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;
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 reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant was under the influence of alcohol without obtaining a driver's license even though he had a previous conviction of three times due to drinking and driving without obtaining a driver's license, and the overall sentencing conditions as shown in the records and arguments of this case shall be determined