A defendant shall be punished by imprisonment for four months.

Punishment of the crime

피고인은 2015. 12. 15. 22:50 경 구미시 상모동에 있는 용두동 쭈구 미 식당 앞 도로에서부터 같은 동에 있는 플러스 빌딩 앞 도로에 이르기까지 약 10m 의 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.078% 의 술에 취한 상태로 B 에 쿠스 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The reason for sentencing an alternative sentence of imprisonment with prison labor is as follows: (a) since the driver’s license was revoked after the escape from a traffic accident after the traffic accident, the driver’s license was controlled to drive a motor vehicle without obtaining a license or without obtaining a license for driving the motor vehicle; and (b) even if the driver was sentenced to a suspended sentence of imprisonment with prison labor due to a series of traffic laws and regulations, the driver was subject to a suspended sentence of imprisonment with prison labor due to the accident, and the driver was also subject to a suspended sentence of imprisonment with prison labor during the period of the suspended sentence; (c) the driver’s license was in an unknown state; (d) the blood alcohol concentration is not so high; and (e) the driving distance is short; and (e) the criminal defendant’s age, environment, and family relations are comprehensively considered the sentencing