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 November 17, 2019, at around 04:08, the Defendant driven a new car with blood alcohol level 0.135% under the influence of alcohol level 0.135% from the front line of the old-dong, Gwanak-gu, Seoul to the front line of the Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving without a license, report on the state of drinking driving, inspection results, and investigation report (report on the state of drinking drivers);
1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;
1. Relevant provisions of Article 148-2 (3) 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 and Article 43 of the Road Traffic Act;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Based on the reasons for sentencing under Article 62-2 of the Probation Criminal Act, the sentencing conditions shown in the trial process of this case, including the Defendant’s age, character and conduct, motive and means of crime, circumstances after crime, and criminal records, shall be determined as ordered.
The defendant reflects the crime of this case.
There is no criminal history against the defendant due to drunk driving.
Unfavorable circumstances: the Defendant, even though he had been subject to punishment several times due to driving without a license, was driving without a license under the influence of alcohol.