도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
around 03:49 on February 4, 2017, the Defendant driven BCA 110 Obaba in the state of under the influence of alcohol of about 0.161% while under the influence of alcohol without obtaining a motor device bicycle license from a section of approximately 200 meters in the south-ro, Mapo-gu, Seoul to a hotel located in the area of approximately 13 meters in massba-ro, Mapo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. The application of the Act and subordinate statutes to the investigation report (as regards the application of the suspect's mark);
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)
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. For the reasons for sentencing under Article 62-2 of the Criminal Act, the summary order of KRW 2,00,000 by driving under drinking was claimed on November 14, 2016 (Seoul Western District Court Decision 2016 High Court Decision 10904). While the driver’s license was revoked on December 10, 2016 due to driving under drinking, the Defendant drives a bicycle again under the influence of alcohol, and the Defendant’s driving level is disadvantageous.
However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant was on the road only due to influence of drinking and did not cause any other accident; (b) the defendant's recognition of the crime of this case is against the defendant; and (c) the defendant has not been punished exceeding the fine due to drinking driving; and (d) the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc., such as the defendant's age, sex, motive