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 March 17, 2014, at around 21:10, the Defendant driven a gallon with blood alcohol concentration of at least 0.131% while under the influence of alcohol, without obtaining a driver's license from approximately 2 km section, from the street in front of the Sinjin-si Busan Metropolitan City Steering Complex, to the insular road in the front of the Sinjin-si, Chungcheongnam-si, Seoul Metropolitan City, the Defendant driven a ballon with alcohol concentration of at least 0.131%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses and disqualified meetings of the main office;
1. Application of statutes on site photographs;
1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. was revoked due to a drunk driving, and even before the crime of this case was committed, the Defendant had the record of punishment for driving without a license, and again, the Defendant was under the influence of alcohol without a license, and the nature of the crime is not easy.
However, the punishment shall be mitigated and the execution thereof shall be suspended in consideration of various sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, educational background, occupation, and family relation when committing the instant crime, and reflects the Defendant’s depth, and the Defendant’s age, educational background, occupation, and family relation. It is so decided as per Disposition by ordering the Defendant to attend social service and compliance driving
It is so decided as per Disposition for the above reasons.