도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to 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 May 19, 2019, at around 18:14, the Defendant driven a non-obviousness complaint vehicle under the influence of alcohol level of 0.202%, without obtaining a driver’s license, at approximately 100 meters away from the road above the bridge of the Gu Tridong, located in the same Gu-dong, on the roads adjacent to the Yridong Park, Chungcheongnam-gu, Ulsan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on the results of the drinking driving control, the report on the state of drinking drivers;
1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is recognized and reflected, and that there is no prior conviction exceeding the fine is favorable to the defendant.
On the other hand, the fact that blood alcohol concentration is high and that one time before drinking driving is disadvantageous to the defendant.
In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.