도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 14, 2015, the Defendant, without obtaining a driver’s license at around 23:30, driving a B car with alcohol concentration of about 0.240% from the 4km section of the blood alcohol level to the 842-1 east of the same east-gun, Geumdo-gun, Geumdo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking, report on the circumstances of the driver driving a drinking, and inquiry into the results of crackdown on drinking;
1. Application of the ledger of driver's licenses (A) and mandatory insurance-related Acts and subordinate statutes;
1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, Order to Attend, Order to Attend, Order to Keep Community Service Order, and Order of Community Service Order, the Defendant, even though there was a history of causing death due to drinking, driving without license, and driving without license again.
Considering that the defendant operated a motor vehicle which was not covered by mandatory insurance, it is necessary to strictly punish the defendant, but considering the fact that the defendant is against the obligation insurance, the sentence of suspended execution is to be imposed only once.