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 June 20, 2014, around 00:16, the Defendant driven a C Lasta car without obtaining a driver’s license with a blood alcohol concentration of about 0.186% in the 2km section from the Do in front of the Incheon Seopo District Office to the roads in front of the 520 U.S. Do of the 2km-dong, Gotju-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the inquiry letter of driver's license (No. 9), the results of the drinking driving control, and the details of revocation of driver's license;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and 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 imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act: The defendant has three-time driving criminal records and four-time driving criminal records; the defendant has been issued a summary order of a fine of KRW 4 million due to drinking driving on or around 2012 and the driver's license was revoked, and again commits the instant crime on two occasions on two occasions on two occasions on two occasions in which the driver's license was revoked; the driving distance at the time of the instant crime is short and the blood alcohol level reaches 0.186%; the Defendant’s blood alcohol level is not short at the time of the instant crime; and the Defendant has committed a compliance driving. After around 200, other favorable conditions for sentencing under Article 51 of the Criminal Act are considered as follows: (a) there is no criminal record other than a fine; (b) there is obvious social relation between the defendant and the defendant; and (c) there is a family situation of the defendant.