beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 31, 2014, at around 23:54, the Defendant driven the 1 ton cargo vehicle B in the state of alcohol alcohol concentration of 0.166% at the section of approximately 500 meters from the front side of the small-scale mining area in the Gwangju Mine-gu to the front road of the said Gu, while driving the 1 ton cargo vehicle B in the state of alcohol alcohol concentration of 0.16% without the driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the affirmative factors that the sentence is to be imposed as ordered by taking into account the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and conduct, career, and environment as shown in the pleadings of the instant case: The negative factors that there is no criminal record of probation or more: The fact that the Gwangju District Court has been sentenced to a fine of four million won due to the crime of violation of the Road Traffic Act (driving) and the crime of violation of the Road Traffic Act (Unlicensed Driving) at the Gwangju District Court on August 14, 2012, other extenuating circumstances: alcohol value;