도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
At around 20:50 on May 3, 2019, the Defendant driven a B-wing and 3-ton cargo vehicle with a blood alcohol content of 0.101% under the influence of alcohol without a car driver’s license, from a section of approximately 2 km to a road near the two-wing roads in the same Eup/Myeon located in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the statement of the state of drinking drivers, reports on the control of drinking driving, relevant photographs, and driving licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 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 conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the defendant, such as the fact that the person under obligation to attend a lecture or the person under obligation to provide community service is driving under the influence of alcohol without a license, and the fact that the defendant has five times the record of punishment for the violation of the Road Traffic Act (unlicensed driving), and that the degree of taking the driving is not that.
However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set