도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and three 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 June 2, 2019, at around 17:45, the Defendant driven a D SP car without obtaining a driver's license in the state of alcohol alcohol concentration of about 4-18% in the section of about 1km from the roads in the Chang Sea-gu, Changwon-si to the same Gu ledger, to the roads in front of Jinyang school, from around 4-18, and from the road in front of Jinyang school.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a report on actual condition survey, on the site, and vehicle photographs;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (2) 1, Article 44 (1) (a point of sound driving), Article 152 subparagraph 1, or Article 43 (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by taking into account the following circumstances:
Disadvantageous circumstances: The defendant was driving from blood alcohol level 0.284%) to cause serious danger to the safety and life of others by causing traffic accidents.
In that it is a drinking driving without a license, the responsibility for the crime is more heavy, and the defendant committed the crime of this case without being aware of the fact that he was punished twice due to a driving without a license.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
No defendant has been punished in excess of a fine in the past.