도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 September 18, 2016, at around 10:45, the Defendant driven B-low-low-low-car without obtaining a driver’s license from approximately 500 meters section around the 500-meter section around the boundary of the Korea Electric Power Corporation located in the East Sea to the roads adjacent to the East Sea.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Violation of the Road Traffic Act as stated in the relevant legal provision concerning a crime: Article 148-2 (2) 1 or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Abnormal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment provided for the crimes of violating the Road Traffic Act as stated in the judgment of more severe punishment, and the choice of imprisonment);
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 on the suspension of execution (the grounds for discretionary mitigation, etc.);
1. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. of the same kind of force for sentencing are repeated, and in particular, illegal driving in 2016 is the third repeated, but the quality of the crime is not good, such as drinking water in this case, but is late against the defendant's family environment, suspension of qualifications or more criminal records, etc., the punishment against the defendant shall be set within the scope of the term of punishment for which discretionary mitigation has been made, and the execution of the punishment shall be suspended on condition that social service is provided for a certain period of time;