도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for four 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 May 20, 2013, the Defendant, at around 22:55, driven B-be under the influence of alcohol content 0.221% while under the influence of alcohol, without obtaining a driver’s license for a section of about 1.5 km from the street in front of a e-mail restaurant located in E-U.S. in E-U.S. on the same day to the street side of a railroad crossing located in the same e-U.S. on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger 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 (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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing under Article 62-2 of the Order to Attend a lecture - The fact that the defendant was punished for the same kind of crime in the past even though he was engaged in driving under the influence of a license without the previous license - The purpose of the revision of the Road Traffic Act that strengthens the punishment for driving under the influence of alcohol - The fact that the defendant's mistake is recognized and reflected - The fact that there is no past history