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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 13, 2019, at around 21:30, the Defendant driven a F rocketing car under the influence of alcohol level of 0.141% without obtaining a driving license from around 30 meters from the front road in Yangsan-si B to the Evexy Road in Yangsan-si D.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;
1. Probation, community service order, and order of education under Article 62-2 of the Criminal Act: (a) driving a vehicle without a driver’s license while under the influence of alcohol for sentencing; (b) the Defendant’s blood alcohol concentration at the time is high; (c) the Defendant’s vehicle driver’s license was revoked on or around January 2018 due to the previous drunk driving; and (d) the Defendant’s liability for the crime of this case is not easy, despite the recent history of punishment for the same kind of drinking and without a driver’s license, and the possibility of criticism is not small; (d) the Defendant appears to have committed the crime of this case; (e) the Defendant appears to have committed all of his criminal acts; and (e) the distance between drinking and without a driver’s license at the time of driving is short; and (e) the risk of traffic accidents by this case.