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 January 10, 2017, the Defendant driven a C-wing truck under the influence of alcohol of about 0.145% while under the influence of alcohol without obtaining a driver’s license from the front of the Korean Hospital located in the Gododoe, South, South, North, South, the Republic of Korea, to the front of the dental road in the same Ri, from around 300 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. An investigation report, a statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking, and the application of statutes on the register of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same 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, even though the Defendant had been punished several times due to drinking or unlicensed driving, again committed the instant crime.
In consideration of the fact that drinking driving is a very dangerous crime, there is a need to strictly punish the criminal defendant for a very high risk, and that the criminal defendant has escaped through avoiding a trial, it is necessary to take the criminal responsibility corresponding to him/her.
However, the suspension of execution shall be imposed only once, considering the fact that the defendant reflects his/her mistake, there is no record of punishment exceeding the fine, and the detention is likely to have been made between a month and the time of his/her lodging, etc. in determining the specific sentence.