도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for 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
On March 9, 2013, at around 22:00, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately 2 km in front of the middle-dong in the middle-gu Yansan-dong in the middle-gu Yansan-dong, with a 0.21% alcohol concentration, while under the influence of alcohol, the Defendant driven a vehicle of approximately 2 km in front of the middle-west dong in the middle-gu Yansan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual survey report and related photographs;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again repeats the same kind of crime even though he had the record of punishment once due to driving without a license, and the current Road Traffic Act provides that the person who has violated the prohibition of drinking under the influence of alcohol more than twice or the person who has violated the prohibition of drinking under the same Act more than 0.2% of the blood alcohol level shall be punished more strictly.
However, in consideration of the fact that the defendant was committed and is against the defendant, there is no record of crime more than a stay of execution in the Republic of Korea, the defendant's age, character and conduct, environment, health conditions and circumstances after the crime, etc., the punishment is determined as ordered.