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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 13:40 on July 27, 2014, the Defendant driven B Poter truck with blood alcohol content 0.321% under the influence of alcohol without obtaining a driver’s license from around the 1km section in the same city of peace prior to a restaurant where it is impossible to identify the trade name in Kimcheon-si, Kimcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a traffic accident report, on-site photographs, actual condition survey report, the ledger of driver's license, and a statement of blood alcohol appraisal;
1. Relevant provisions of Article 148-2 (2) 1, 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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the degree of discretionary mitigation causes an extremely serious and serious accident); the probationary period due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 191; and the previous conviction due to the driving of a fine prior to the two months following the instant crime; however, human damage caused by the instant accident should be punished strictly considering the following: (a) the Defendant himself/herself suffered; (b) the victim of physical damage has made an agreement separately from the purchase of a comprehensive insurance; and (c) the confession of the crime and the victim of physical damage reflects their depth
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;