도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[2018 Highest 4989] Around 00:10 on November 28, 2018, the Defendant driven a E-to-low-water vehicle under the influence of alcohol 0.10% under the influence of alcohol without obtaining a driver’s license in a section of about 30 meters from the front parking lot in C, the Namyang-gun, the Namyang-gun, the Namyang-gun, to the front parking lot in D, and without obtaining a driver’s license.
[2019 Highest 171] Around 18:50 on December 24, 2018, the Defendant driven a J-to-purd motor vehicle without obtaining a driver’s license, from the front of G in the Fanyang-gun F to the front of the International Oil Station located in the same military H. to the International Oil Station located in the same military H.
Summary of Evidence
[2018 Highest 4989]
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving;
1. The register of driver's licenses (2019 Height 171);
1. Defendant's legal statement;
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 (a point of driving under the influence of sound), 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 each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has been sentenced to a fine once due to drunk driving, and the driver's license is revoked due to such force, the previous records of drunk driving, the distance between each of the crimes of this case and the distance between each of the crimes of this case, etc. shall be selected and punished by imprisonment.
Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the accused, circumstances after the crime, etc.