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.
Criminal facts
On December 16, 2012, at around 22:38, the Defendant driven a B Sti-type car under the influence of alcohol concentration of 0.068% without obtaining a driver’s license in the 1km section from the Do near the central station located in Ansan-si, Ansan-si to the road located in the Esti-dong in Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking testing, driving control results, etc.;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall not apply, but shall be taken into consideration, such as the fact that the defendant is led to confession and reflects by the defendant,
1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;