도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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
1. On June 8, 2015, at around 11:20 on June 11, 2015, the Defendant driven a driver’s license in a section of about 400 meters of blood alcohol concentration 0.359% while under the influence of alcohol, without obtaining a driver’s license, from the front side of the third-speed road in the Yellownam-dong, Yellow-si to the front side of the red-wheel road in the same situation.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a person suspected of violating the Road Traffic Act (driving and unlicensed driving), notification of the results of the regulation of drinking driving, and report on the state of state of drinking driving under the influence of alcohol;
1. Registers of driver's licenses;
1. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act provides that the defendant has no criminal records of qualification suspension or more, and the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records of the instant case, such as circumstances