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 December 1, 2016, at around 02:45, the Defendant driven B Lone Star Co., Ltd. under the influence of alcohol content of 0.105% while under the influence of alcohol without obtaining a driver’s license from the front of the apartment on the road of this apartment, from the front of the city of the Gyeongnam-si to the front of the Gu of the Gyeongnam-si of the Gyeongnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and application of statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a fine for a crime of violating the Road Traffic Act or a violation of the Road Traffic Act on several occasions, and that the defendant was punished by a suspended sentence of imprisonment due to a violation of the Road Traffic Act (licenseless driving) is disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the confession of the crime of this case is favorable to the defendant.
In addition, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment is determined as ordered.