도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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.
Criminal facts
On June 12, 2020, the Defendant driven a bicycle with a alcohol level of 0.062% while under the influence of alcohol level of 0.062%, without obtaining a motor bicycle license from the front of the lower Do to the front of the C cafeteria located in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver's license, a report on the seizure of the driver's license ledger which is inquired of the results of regulating drinking, and a seizure list;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;
1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the history of criminal punishment due to drinking alcohol driving in the past, and the defendant has been under the influence of criminal punishment several times due to driving without a license, but once again, he/she has driven under the influence of alcohol without a motor device bicycle license, and the risk of driving is very high.
However, the defendant would not drive drinking again while reflecting his own mistake in depth.
In full view of the following circumstances: (a) the defendant's age, sexual conduct, environment, career, background and result of the instant crime; and (b) the various conditions of sentencing indicated in the record, such as the circumstances after the instant crime, etc., the punishment shall be determined as ordered by taking into account the following factors: (c) the defendant's age, sexual conduct, environment, criminal history; and (d) the fact that there