도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 7, 2014, at around 22:54, the Defendant driven a BS car under the influence of alcohol content of 0.161% without obtaining a driver’s license from a section of about 200 meters, up to the front road of the 173-4, 173-4, the Sinjin-si, Sinjin-si, Seoul, the “price” on the front road.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses and disqualified meetings of the main office;
1. Relevant provisions of Acts and subordinate statutes concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving) of the 112 Incident, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving without a license) of the 112 Incident;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the Defendant, at the Suwon District Court on February 14, 2007, was sentenced to imprisonment for 8 months and 2 years of suspension of execution; (b) imprisonment for violation of the Road Traffic Act (unlicensed Driving) at Linwon District Court on December 16, 2009; and (c) on December 16, 2009, 8 months and 2 years of suspension of execution were sentenced to imprisonment for violation of the Road Traffic Act (unlicensed Driving) at Linwon District Court; and (d) the Defendant again committed the instant crime despite several times of the history of punishment for drinking and unlicensed driving.
However, in light of the circumstances favorable to the defendant, the defendant should not drive without permission or drive under the influence of alcohol, and considering the defendant's age, family relationship, and criminal records, the punishment as stated in the records of this case shall be determined by taking into account various sentencing conditions as stated in the records of this case, such as the defendant's age, family relation, and criminal records, and the execution thereof shall be suspended and the defendant shall be ordered to attend social service and law-abiding lecture.