도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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 August 27, 2013, the Defendant driven a D Poter in the section of about 1 km from the Do in front of the Heatoon restaurant in which it is impossible to find out the trade name in the valley of Pyeongtaek-Eup while under the influence of alcohol 0.178% without obtaining a driver's license on August 27, 2013, to the front road of the cu convenience store in Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 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 on probation and order to attend the course of education is that the defendant has been punished five times due to the violation of the Road Traffic Act since November 18, 201, in particular, the crime of violation of the Road Traffic Act (recognition refusal) on November 18, 201, and the crime of violation of the Road Traffic Act (regnition) on December 14, 201 without being sentenced to a fine on December 14, 201, and the crime of violation of the present case was committed. This case’s blood alcohol concentration is also very high.
However, in light of the fact that the defendant acknowledges and reflects the crime, and the fact that the defendant again is expected not to drive under drinking, etc., the punishment as ordered shall be determined in consideration of various sentencing conditions indicated in the record, and the risk of recidivism is considered to be high, so probation and the order to attend a lecture shall also be ordered.