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
Some of the facts charged were corrected.
On April 3, 2019, at around 23:45, the Defendant, without a driver’s license, driven a B-low-income vehicle at a section of about 500 meters from the front of the Chang-si Mungpo-gu Mungpo-dong 119 fire station in front of the original city, while under the influence of alcohol by 0.16% of the blood alcohol concentration without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as a report on the circumstantial statement of a drinking driver, records of crackdown on drinking driving;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures was that the Defendant driven a car without a driver’s license while driving the car without a driver’s license, even though the Defendant was sentenced to a suspended sentence of imprisonment due to a traffic accident caused by drinking driving in 2018, as stated in the reasoning of the second sentence during the suspended sentence period.
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no criminal records other than the above previous conviction, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. are to be determined as ordered in consideration of the overall circumstances