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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 25, 2017, the Defendant, without obtaining a driver’s license on a car at around 22:05, driven a Cbea cruise car with approximately 1.5km alcohol concentration 0.09% under the influence of alcohol at the section of approximately 1.5km from the front side of the Yandong in Gwangju Mine-gu to the lower side of the Yansansan-dong, Gwangju Mine-dong, without obtaining a driver’s license on a car.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The defendant recommits the crime of this case even though he was punished three times due to driving under drinking.
(b) favorable conditions: the fact that the defendant recognized the instant crime and reflects his mistake, has no record of punishment heavier than that of suspended execution due to drinking, driving without a license, etc.
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.