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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 00:40 on July 20, 2015, the Defendant owned BK5 car and driven the said 5 car without obtaining a driver’s license from the front side of the Daegu District Tax Office located in the two Dongs of Daegu Seo-gu, Seogu, Daegu to the front side of the sexual street market located in the Seogu, Seogu, Seogu, Daegu to approximately 2km, while under the influence of alcohol content 0.237% during blood, while under the influence of liquor, the Defendant driven the said 5 car without being covered by the mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to inquiries into the register of chassis, mandatory insurance, and driver's license);
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) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);
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. 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. It is so decided as per Disposition by comprehensively taking account of the following: (a) there is no previous conviction or heavier than the suspension of the execution of the reasons for sentencing under Article 62-2 of the Criminal Act; and (b) the accused’s age, sex behavior, environment, and circumstances before and after the crime; and (c) various conditions of sentencing as indicated in the instant case.