도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 12, 2017, at around 21:36, the Defendant driven a BM6 car under the influence of alcohol level of 0.102% while under the influence of alcohol level of 0.102%, without obtaining a driver’s license, from the front of a mix in the name of the Gero-dong in Gwangju Northern-gu to the front of the Gamdong-dong in common-dong in Gwangju-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A driver's license inquiry;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant committed the instant crime again even though he/she was punished once or once due to drinking driving prior to the instant case.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.