도로교통법위반(무면허운전)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 August 26, 2015, at around 22:15, the Defendant driven D freight vehicles with alcohol content of about 0.086% while under the influence of alcohol without the driver’s license from around 200 meters to the front road of the Dogdong-gu Dogdong-si apartment complex located in the same Rigdong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of a driver driving a driving driver, the circumstantial report of a driver without a license, the inquiry of the results of the suspension of drinking, and the application of statutes to the register of driver licenses;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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 Act requires a strict punishment corresponding thereto in that the defendant repeats the same crime despite the past record of punishment for drinking and driving without licenses over several times.
However, the defendant does not commit a second offense.
The sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions, such as the degree of alcohol alcohol volume, the age, sex, environment, occupation and career, occupation and experience, family relationship, circumstances after the crime, and circumstances after the crime.