도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
1. On October 12:39, 2020, the Defendant driven a motor bicycle with no registration number of 0.131% under the influence of alcohol concentration 0.131%, without obtaining a motorcycle driver’s license from the front road of the Defendant’s residence in Busan Fluor B to the front road of the same Gu.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1 as above.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as report on the circumstantial statements of a drinking driver, inquiry into the control of drinking and driving, mandatory insurance, and driving licenses;
1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence shall be determined as ordered in consideration of the blood alcohol content of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has no record of the same kind, and the age, character and conduct, environment, circumstances of the defendant, circumstances after the crime and the conditions of sentencing as shown in the records and arguments of the case