도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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 July 1, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle from approximately 900 meters to Cgel on the front road of the National Health Insurance Corporation Jinjin-gun located in the Southern Jinjin-gun, Jinjin-gun, which was under the influence of 0.190% alcohol during blood, and driving the vehicle from around 900 meters to the front road of the National Health Insurance Corporation Jinjin-gun located in the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. To apply Acts and subordinate statutes to the register of driver's licenses, a yellow survey report, on-site photographs, a copy of notification of the results of crackdown on drinking driving;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Aggravation of concurrent crimes with the punishment prescribed in Articles 40 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for a violation of traffic laws heavier than punishment);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
Sentencing elements: The defendant recognizes his mistake and reflects his mistake, there is no history of criminal punishment heavier than imprisonment without prison labor, and the defendant needs continuous medical treatment and observation due to the fact that it is necessary for the defendant to be continuously treated and observed due to the current anti-competence, and the defendant is a basic living recipient
It is highly necessary to punish because of the fact that there are three different criminal records and drinking driving are likely to increase the risk of citizens' traffic safety.