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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 24, 2017, the Defendant driven a D SP car with alcohol content of 0.061% while under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from the Kyang-dong, Soyang-dong, Soyang-dong to the 10km-dong, Seongdong-gu, Sungnam-si, Sungnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and investigation reports (report on the situation of the driver in charge);
1. Application of Acts and subordinate statutes on license ledger;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic 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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
Since 2014, the Defendant has been punished for two times due to drinking driving and three times due to driving without a license, and the crime is very hot in light of the fact that the Defendant repeats driving without a license.
However, other factors of sentencing, such as the defendant's age, environment, sexual conduct, motive and means of a crime, circumstances after a crime, etc., such as the fact that the defendant is against himself or herself, and the fact that he or she has no criminal record exceeding a fine, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.