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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 14, 2017, around 09:50, the Defendant driven a B 130-car while under the influence of alcohol content B 0.078% while under the influence of alcohol without obtaining a driver’s license from around 442 to around 174, as Seoul Mapo-gu, Mapo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
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 Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend is that drinking is likely to lead to traffic accidents if a person drives a drinking, driving under drinking is highly likely to lead to traffic accidents. The Defendant was punished on June 12, 2003 by drinking or non-licensed driving on December 28, 2016. The Defendant was punished by drinking on December 28, 2016. The Defendant’s driver’s license was revoked on December 28, 2016. The Defendant’s driver’s license was revoked on December 28, 2016.
However, there are circumstances under which part of the defendant's driving is to be taken into account, such as the fact that the defendant reflects the crime of this case, the defendant's main working level is not excessive, the defendant's drinking drinking from around 00:00 on July 14, 2017, and the occurrence of a minor contact accident that occurred during his working hours after drinking alcohol to around 00:00, and the defendant was under control, and the defendant was not subject to a punishment heavier than a fine due to traffic-related crime, and the defendant was not subject to a punishment heavier than a fine. In addition, the punishment is determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, home environment, motive for the crime, and