도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
1. On August 31, 2013, at around 23:50, the Defendant, without a driver’s license, driven the B rocketing car at approximately three kilometers from the entrance road of the Changwon Tunnels, which is in the Changwon-dong in Changwon-si, to the front intersection of the police station, while under the influence of alcohol by 0.186% of blood alcohol content without a driver’s license.
2. On September 1, 2013, at around 00:55, the Defendant: (a) conducted a drinking test as if he was C; and (b) conducted a drinking test at the Transport Investigation System of the Police Station of the Kim Jong-dong, Kim Jong-si, Kim Jong-si; (c) stated the “C” without authority for the purpose of exercising the signature and seal from the control police officer to “the column for confirmation of the driver” in the report on detection of the driver, the report on detection of the driver by the driver by the driver, and the circumstantial statement of the driver by the driver, who is a private document pertaining to the certification of facts, and submitted the said report to the police officer under control of the fact that he was aware of it on that spot, and exercised it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the drinking driver, and report on detection of each drinking driver;
1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of each sentence of imprisonment;
4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.
5. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
6. Probation and lecture attendance order under Article 62-2(1) of the Criminal Act is not only a defendant who has had several records of punishment due to driving without drinking alcohol for the reason of sentencing, but also a driverless driving without drinking alcohol.