도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 April 24, 2014, the Defendant, without obtaining a driver’s license at around 21:51 on April 24, 2014, driven a motor vehicle with approximately KRW 800-meter section from the street room before the Seo-gu Daejeon Seo-gu, Daejeon to the Mano-dong, Seo-gu, Seo-gu, Daejeon, with a blood alcohol concentration of at least 0.072%.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry report, a report on the situation of driving without a license, a report on the control of drinking driving, a inquiry into the results of the control of drinking driving, a report on the electronic situation and statement, and the register of driver's licenses;
1. Application of Acts and subordinate statutes governing a photographic document taken to drink;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license, the point of driving without license, and the choice of imprisonment);
1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, or order to attend a lecture has a number of times the defendant has been punished for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and again, he/she has committed the crime of this case. Thus, the defendant cannot be punished somewhat.
However, the fact that the defendant's mistake is against the defendant and does not repeat the crime, etc. shall be considered as favorable circumstances to the defendant, and the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the records of this case, such as the age, character, conduct and environment of the defendant.