도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 October 24, 2017, around 22:30, the Defendant driven a B-hand car under the influence of alcohol content of 0.149% while under the influence of alcohol without a driver’s license, from around the road near the 459-romp, Seo-gu Incheon Sngu, Seo-gu, Incheon, to the front road of the 455-rompyle National Bank.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;
1. The application of Acts and subordinate statutes, such as inquiry about the results of crackdown on drinking driving and license ledger;
1. Article 148-2 (2) 2 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, including that the defendant was punished twice due to driving without a license and twice due to drinking driving, and that there was a record of criminal punishment for about 16 times. The drinking volume also higher than 0.15%, and that driving without license and driving without license during the short period is repeated during the short period, shall be considered as disadvantageous circumstances, under which the defendant is under trial, and the fact that the accident does not cause any accident shall be considered as favorable circumstances, and the sentence shall be determined as per the order, taking into account all the factors such as the defendant's age, sexual behavior, environment, motive and circumstance, and circumstances after the crime.