도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 1, 2016, the Defendant driven a C K5 vehicle under the influence of alcohol content of about 0.096% in a section of about 10km from the location of the Dong University located in 30, Dong-dong, Jung-gu, Seoul, Seoul, to the location of the access road to the Mapo-gu Seoul, Mapo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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 suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking account of the Defendant’s age, sex, environment, motive leading to the instant crime, circumstances after the instant crime, etc., as well as the sentencing conditions under Article 51 of the Criminal Act.
O The degree of driving of the defendant is not less weak, and the risk of driving drinking has been realized by causing the accident that the defendant was faced with the drick on the road.
In addition to the crime of this case, the defendant has been punished by a fine on several occasions due to drinking or non-licensed driving.
O Recognizing the crime of this case, the defendant's mistake is divided.