도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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 June 11, 2020, at around 21:25, the Defendant driven a B-type truck without obtaining a driver’s license in the state of alcohol 0.21% of blood alcohol concentration from approximately 1.4km to the front road of the agricultural and fishery products death distance from about 1.4km to the 192 Sinsi-si, Mari-si, 114 Tri-si.
Summary of Evidence
1. Application of Acts and subordinate statutes to the license register of a criminal suspect (A) who has reported the actual state of his/her oral statement to the criminal defendant's legal statement and his/her circumstantial statement to the drinking driver
1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Defendant committed the instant crime of driving a motor vehicle under the condition of 0.211% alcohol concentration without a driver’s license even before the reason for sentencing under Article 62-2 of the Criminal Act, even though he had been punished several times due to driving without license even before the suspension of execution of the sentence.
In the course of the instant driving, there was an accident that causes the shock of a vehicle in the parking.
However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.