도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 21:37, driven a B B B B B motor vehicle with a blood alcohol content of about 0.175% from the 5km section from the front of a mutually influent cafeteria to the front of the luminous three-distance luminous road located in the luminous-si, Mineyang-si.
Summary of Evidence
Application of the Criminal Procedure Code to the defendant's legal statement of the state driver and the driver's license ledger
1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The reason for sentencing under Article 62-2 of the Social Service Order Act, including the punishment imposed for an escape vehicle, is that the Defendant was sentenced to a punishment for the crime of drinking, non-licenseing, and an escape vehicle, and repeated drinking, non-licenseing, and repeated drinking, and the degree of drinking value is disadvantageous to the sentencing factor.
However, the execution of imprisonment shall be suspended in consideration of the fact that the defendant reflects the wrong, the age, sex, environment, etc. of the defendant, and the execution of the sentence shall be suspended, but the protection observation shall be also ordered to prevent recidivism.