도로교통법위반(음주운전)등
The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 5, 2017, at around 20:13, the Defendant driven a Bwning-III truck with alcohol level of 0.15% while under the influence of alcohol level of 0.15%, without a driver’s license, from the lower end of Pyeongtaek-dong, in Gwangju Mine-gu, to the front road of the 56-ro Mamp-ro, Gwangju Mine-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Ratifications (the driver's license ledger and the driver's license ledger);
1. Application of Acts and subordinate statutes on control field photographs;
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 stay of execution (The following factors shall be considered as favorable to the punishment):
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant does not commit a second offense.
The defendant needs to receive medical treatment for a branch of a disease.
Unfavorable circumstances: The number of alcohol concentration in the blood of the defendant is considerably high.
The defendant has been punished three times due to drinking driving (2003, 2005, 2016), and has experience.
Considering the fact that the defendant stops a vehicle on the road while driving a drinking and causes the risk of traffic accidents, it is necessary to strictly punish such crime.