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.
Punishment of the crime
On May 29, 2017, around B1:35, the Defendant driven a vehicle with low alcohol level of 0.157% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around 5 km section from the front day of the Mapo-si B to the front day of the wabing Sea.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant was punished twice due to a violation of the Road Traffic Act (driving of alcohol), and in particular, the Defendant committed the instant crime of the same kind in the absence of several months from the date of receipt of a summary order of a fine of KRW 7 million on February 10, 2017 due to a violation of the Road Traffic Act (driving of alcohol).
However, considering the fact that the defendant recognized the crime of this case, the fact that there is no record of the same punishment exceeding the fine of the defendant in favor of the defendant, etc., and the other factors of sentencing as stated in the records and theories of changes, such as the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as stated in the order, and the execution of the punishment shall be suspended.