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 of the final judgment.
Punishment of the crime
On April 14, 2019, at around 01:40, the Defendant driven a F rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.117% from the Do in front of the “C cafeteria” located in Busan Metropolitan City B to the front of the “E cafeteria store” located in the Gyeongsan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Application of the statutes on the register of driver's 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 and enforced from 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;
1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attending that the defendant has been punished three times or more, and the execution of imprisonment is postponed by taking into account the circumstances such as the fact that the defendant's blood alcohol concentration at the time of committing the crime meets the criteria for revocation of a license, and the fact that the defendant's blood alcohol content at the time of committing the crime meets the criteria for revocation of a license, etc.: Provided, That the defendant is not subject to drinking or non-licensed driving, and the defendant has no previous criminal record beyond the previous fine, has not faithfully supported his/her wife and children, and other favorable circumstances such as the defendant's age, occupation and social relationship, and the execution of a sentence of imprisonment is suspended by taking into account the maximum consideration the defendant's age, occupation and social relationship, but the efficient management and supervision of the probation officer and the systematic education of his/her compliance operation is necessary;
(b) above;