도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 27, 2016, the Defendant driven at approximately 100 occ, 50 meters from the Defendant’s residence to D, while under the influence of alcohol 0.076% in blood, without obtaining a driver’s license for a motor motor device or bicycle, from March 27, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;
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 Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are several times in the records of a non-license and a drinking crime; the fact that the person is committing a non-licenseing driving repeatedly in a relatively short period; the fact that there is no criminal history exceeding the fine due to drinking and a non-licenseing driving; the fact that the blood alcohol concentration level is relatively high; and the defendant's age, sex, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment shall be determined as ordered by comprehensively considering the various sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the execution of the punishment shall be suspended only once.