도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 5, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 19:30 on October 5, 2017, driven a motor vehicle with approximately KRW 200 meters, from the front side of the public road B to the front side of the “D Real Estate” in C, with a alcohol concentration of at least 0.123% during blood, while driving a motor vehicle with the Han-dong 4 wheels.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the occurrence of a traffic accident, report on a traffic accident (1), report on the situation of a driver driving, report on the situation of a driver driving, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on driving of drinking, and the ledger
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;
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. The reasons for sentencing under Article 62-2 of the Criminal Act include a large number of criminal records, and the defendant causes a traffic accident while driving a drinking or a license without permission, and it is inevitable to choose a sentence of imprisonment.
However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.
In this context, the defendant's age, sex, family environment, blood alcohol concentration, frequency and frequency of driving without a license for drinking and without license, circumstances after committing the crime, etc. shall be determined as ordered by considering various circumstances.