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 August 18, 2013, the Defendant, without obtaining a driver’s license on August 18, 2013, driven BOs car at the section of approximately 1.5 km from the front of the head of Sippon in which it is difficult to identify the trade name of Sipon, which is recognizable in Seosan-si, under the influence of alcohol concentration of 0.283%, to the front of the Sipon, from the front of the Sipon in which it is difficult to identify the trade name of Sipon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The provisions of Acts and subordinate statutes shall apply to the inquiry into the results of the drinking driving control, the report on the situation of driving under the driving under the influence of alcohol;
1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant, on the ground that his license was revoked due to drunk driving, was re-licensed under the influence of alcohol, and the degree of blood alcohol concentration and the high risk of danger was very high, and the quality of the crime was not exceptionally applied.
However, the punishment shall be mitigated in consideration of the defendant's age, family relationship, economic circumstances, previous convictions, etc., and the execution shall be suspended, but the defendant shall be ordered to attend the community service and compliance driving lecture by ordering the defendant to order the defendant to attend the course.
It is so decided as per Disposition for the above reasons.