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 September 7, 2012, the Defendant driven Bone Star car under the influence of alcohol level of 0.129% without obtaining a driver's license in the large bath parking lot located in Taecheon-dong, Taecheon-si, Taecheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Application of the Acts and subordinate statutes of the hostile inquiry;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of alternative imprisonment with prison labor (the following factors, etc. of sentencing shall be taken into account):
1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);
1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the elements for sentencing that are disadvantageous to the Defendant, even though the Defendant had already been punished as a fine due to the violation of the Road Traffic Act of drunk driving and Unlicensed Driving in four times from the year 2008, and at the same time, the Defendant committed the instant crime. The blood alcohol concentration level at the time is significant.
On the other hand, however, the Defendant appears to be against the Defendant when making confession of the instant crime, considering the fact that it appears to be against the Defendant’s favorable sentencing factors, and determining the Defendant’s punishment like the disposition, by comprehensively taking into account the Defendant’s age, character and conduct, environment, etc., and all of the sentencing conditions indicated