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
1. Around 15:50 on October 18, 2014, the Defendant driven a motor vehicle without a license for driving a 100-c bicycle under the influence of alcohol level of about 0.20% in the 1km section from the Defendant’s home located in Pariju-si B to the front road of the pariju-si Fari-ro Yari-ro.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, when he was prohibited from operating a motorcycle on a road, which is not covered by mandatory insurance, as the owner of the said motorcycle, the Defendant operated the said motorcycle without purchasing mandatory insurance at the said time and place.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on detection of the driver, and report on the actual status of the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with more severe punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for the same kind of crime, and driving under the influence of alcohol in this case again.