도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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 April 4, 2014, the Defendant, without obtaining a driver’s license at around 16:30, driving a B-low car at the section of approximately 1.5 km from the front of the mutually unclaimed restaurant located in the Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and the front of the new wind industry, under the influence of alcohol by 0.277% of the blood alcohol concentration without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Application of the Act and subordinate statutes to the ledger of driver's licenses, report on circumstantial statements and detection thereof;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The punishment as ordered is determined by taking account of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and other favorable circumstances, such as the fact that the person committed the crime of drinking without a license and the fact that the person committed the crime of drinking without a license for not less than nine months has been punished twice due to the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act. In particular, the person committed the crime of drinking without a license since 6 million won has not passed since she was placed in the front of the fine, the level of drinking alcohol is very high, and disadvantageous circumstances such as the occurrence of physical damage caused by traffic accident, and the fact that the driving distance is not long.