도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 April 25, 2017, at around 23:05, the Defendant driven a BH car under the influence of alcohol content of 0.143% without obtaining a driver’s license from around the 3km section of approximately 3km to the front road of the Jinwon apartment located in the same Si-Eup. In addition, the Defendant driven a BH car under the influence of alcohol content of 0.143%.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the frequency and time when the defendant was punished for the same kind of crime (be punished seven times by a fine from 2001 to 2014 due to drinking or non-licensed driving), and the degree of alcohol in blood at the time of driving the instant drinking, and other factors indicated in the argument of the instant case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the same as the order.