도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
1. Around June 17:35, 2019, the Defendant was driving C cargo vehicle parked at the same place under the influence of alcohol of about 0.181% without obtaining a license for driving on the B-on-road in Yangsan-si.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a possessor of C Freight.
No person shall operate any motor vehicle on a road which has not been covered by mandatory insurance.
The Defendant operated the foregoing cargo vehicle on the road at the same time and place as the above Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);
1. Photographs at the time of detection of drunk driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of mandatory insurance policy;
1. Relevant law concerning criminal facts: Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation 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. It is so decided as per Disposition by comprehensively taking account of the following factors: (a) the previous conviction and one time before and after the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the driving condition was full driving; (c) the short and reflect driving distance; and (d) the Defendant’s age, character, conduct, environment