도로교통법위반(음주운전)등
Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On September 25, 2013, around 21:03, the Defendant driven a car in Category D column with a 0.13% alcohol concentration without a vehicle driver's license from a section of about 5 km from the day before a restaurant in the Cheongri-ri-ri, Cheongyang-si, to the day before the 1st day of the retirement in the city of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On September 17, 2013, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to one year of suspension of the execution of six months of imprisonment due to drinking or driving without a license by this court, and the said judgment became final and conclusive on September 25, 2013, and the period of suspension of the execution has started immediately after the date the said judgment became final and conclusive on September 25, 2013, and the blood alcohol content of the instant case is a considerable portion of alcohol content, etc., Defendant should be punished strictly
I would like to say.
However, considering the fact that the defendant has no record of driving prior to the crime of the above suspended sentence, the elderly and the disabled are responsible for living together with two marrieds who are the mother and the disabled, and in the event that the sentence of imprisonment is finalized due to this case, the above suspended sentence becomes null and void, and the above suspended sentence is a prison sentence for six months, and there are some harsh aspects in light of the above circumstances, and the defendant's belief that he will not repeat again, the defendant will not repeat again, and finally take the defendant's drinking or unlicensed driving into account the crime of the defendant, and the sentence is determined as above.