도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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
On September 17, 2013, around 00:14, the Defendant driven B rocketing car under the influence of alcohol content of 0.131%, without obtaining a driver’s license in the section of about 5 km from the Do in front of the Do to the 337-97-97 B, Gangdong-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;
1. Application of the statutes on the register of driver's licenses;
1. Article applicable to criminal facts;
(a) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed by imprisonment with prison labor which is heavier than the punishment for a violation of the Road Traffic Act);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a school is that the Defendant had no driver's license since the revocation of a driver's license in around 2003, but driven a motor vehicle while under the influence of alcohol. The drinking measured level also is relatively high, and the Defendant has already been punished by a fine due to drinking or suspicion of non-driving prior to the instant crime, which is disadvantageous to the Defendant.
However, the circumstances favorable to the defendant are that the defendant has a depth of his mistake, there is no history of punishment heavier than the fine, and that there is a family member who is responsible for the support of the defendant, such as the child who is committed by the defendant, etc.
In these circumstances, the sentencing conditions, such as the defendant's age and character and behavior, shall be determined as per the disposition, taking into consideration all circumstances.
It is so decided as per Disposition for the above reasons.