도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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 January 20, 2014, the Defendant was under the influence of alcohol with 0.101% of blood alcohol concentration at around 21:00, and without a driver’s license, driven a CM7 car at a section of approximately 500 meters from the front of the 3rd apartment complex in Ulsan-gu, Ulsan-gu without a driver’s license to the front road of the Rool kindergarten located in the same route.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of actual condition, on-site photographs, report on detection of a host driver, and report on the actual status of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. According to Article 62-2(1) of the Criminal Act of the Order to Attend Education, it is recognized that there is no criminal record other than the fine for choosing imprisonment, and the risk of re-offending the order to attend a compliance driving lecture is recognized, considering the following: (a) the Defendant alleged that he had driven the instant vehicle on the day at the request of the branch of the person; (b) the Defendant had been driving the instant vehicle on the same day; (c) the vehicle at the time of driving without a license discovered in 2008 and 2010 and the number of the instant vehicle was identical; and (d) the Defendant appears to have continuously driven without a license for several years; and (e) the occurrence of an accident that shocks the central separation zone at the time of the instant case; and (e) there is no criminal record other than the fine for choosing imprisonment; and