도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for 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 January 12, 2017, the Defendant, without obtaining a driver's license of a motor vehicle at around 17:00, driven a B Tro XG passenger car from approximately 100 meters to the Han-il-day road located in the same side in front of the 1279 Donnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 0.0% alcohol level, under the influence of alcohol leveling to 0.089%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a actual survey report;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes to the driving license ledger;
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. 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. In light of the fact that the Defendant committed the instant crime since the reason for sentencing under Article 62-2 of the Criminal Act including the order to attend a lecture or the order to provide community service did not only have the history of having been punished four times for the same kind of crime, but also has not passed since he committed the instant crime as a drinking driver immediately before the instant case, it is necessary to strictly punish the Defendant.
However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant reflects the mistake, the fact that the Defendant has no record of the suspension of execution or heavier punishment, and the age, sex, environment, criminal records, criminal records, circumstances after the crime, etc.