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
On September 29, 2017, the Defendant driven a B-hand car with alcohol content of at least 0.057% while under the influence of alcohol, without obtaining a driver’s license, in the section of about 1k from the Geumsan-dong of Busan to the roads in front of the gold subway station located in Geum-dong of Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (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 reason for sentencing in Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant has not obtained a driver's license only once, and has continued to repeat driving from around 2006 to the present time, and even if he has been punished three times, it is difficult to achieve the purpose of punishment due to a fine, even if he was punished by a three-time fine.
Since they appear, they choose imprisonment.
However, the execution of a sentence shall be suspended only once, considering the favorable circumstances that there is no history of exceeding a fine, the blood alcohol concentration is high, and the intention of the drinking driving is deemed to have been somewhat weak because of the fact that the intention of the drinking driving was controlled on the new wall, and considering the defendant's age, sex, environment, motive and means of the crime, motive and consequence of the crime, circumstances after the crime, etc., as shown in the argument of this case, the execution of the sentence shall be suspended only once, considering