도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 5, 2018, around 22:25, the Defendant driven a motor vehicle with approximately 3 km from the roads near the new high school located in 49:20-ro, Gangnam-gu, Seoul, to the front road in 20-ro, Dobong-ro 20 in the same Gu, while under the influence of alcohol content 0.078% while under the influence of alcohol during blood without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order has already been punished by a fine due to drinking driving three times, and the defendant has been under the influence of driving a drinking or non-licensed driving of this case, and the defendant is to select a sentence of imprisonment.
However, the defendant's blood alcohol concentration level does not reach the level of revocation of a driver's license, and the traffic accident is not accompanied by the driver's license due to the drinking and non-licensed driving of this case, the defendant's final drinking driving record was about nine years prior to about nine years, and the defendant divided his/her mistake and reflects his/her fault, so the suspension of execution is to be sentenced, but community service was also ordered to prevent recidivism and to maintain the deliberation.
In addition, all other circumstances, such as the defendant's age, sexual conduct, developments and motive leading to the crime of this case, and circumstances before and after the crime of this case, which form the conditions for sentencing as shown in the records and arguments, shall be sentenced as the disposition.