도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment with prison labor for up to 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 April 11, 2018, at around 14:45, the Defendant driven B mast-car under the influence of alcohol content of about 0.080% while under the influence of alcohol without obtaining a driver’s license from a section of about 800 meters in front of the military area located in the same Myeon, from the area near the male west of the military where the military is located in the same area.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under drinking, inquiry about the results of crackdown on driving under drinking, and application of Acts and subordinate statutes;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The fact that the defendant recognizes his mistake and reflects his mistake, the fact that there is no criminal punishment exceeding the fine, and the blood alcohol concentration is relatively high.
An unfavorable sentencing factor: The one-time and two-time and two-time and the two-time and the one-time and the one-time and the other are the one-time and the other are the one-time and the other increases the risk of public traffic accidents.