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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.
On September 5, 2016, at around 03:57, the Defendant driven the 15-1st road of Yeongdeungpo-gu Seoul National Assembly in the direction of about 35km-ro, Yeongdeungpo-gu, Seoul, to the 1st road, without obtaining a driver's license, while under the influence of alcohol with 0.101% alcohol concentration in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to notify the details of the control, the statement report on the situation of the driver in charge, the photo at the control site, the ledger of driver's license, and the results of
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. 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. Although a number of times the criminal records of the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the defendant's liability for drinking in the state of non-licenseing is not weak.
However, in consideration of the fact that property damage or human life damage has not occurred, the fact that his/her mistake is recognized, and other circumstances, such as the background of the crime, driving distance, and circumstances after the crime, etc., the punishment as ordered shall be determined.