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 4, 2019, at around 04:30, the Defendant driven D 125cc c. under the influence of alcohol with 0.208% alcohol while under the influence of alcohol without obtaining a motorcycle driver's license from around B to C at the same time on the road in front of C.
Summary of Evidence
1. Statement by the defendant in court;
1. Each E statement;
1. On-site photographs and a survey report on actual conditions;
1. Requests for appraisal;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
Nevertheless, it also caused an accident where the boundary of the road is shocked and exceeded, while driving an lutob while carrying the luto in the state of 0.208% of the alcohol concentration in the blood of the vehicle with the 0.208% alcohol concentration.
However, it is more favorable to the fact that the defendant recognized the crime, and the defendant was living together due to the accident of this case, but the defendant was living together with minor injuries, and the defendant was living together with the driver or the passenger, compared to the general vehicle operated by the defendant, and the danger to the public other than the driver or the passenger is relatively low.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.