Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2016. 11. 19. 04:45 경 혈 중 알콜 농도 0.132% 의 술에 취한 상태에서 자동차 운전면허를 받지 아니하고, 대전 유성구 대학로 151번 길 16에 있는 ' 돌아온 김삿갓' 주점 앞 도로에서부터 같은 구 대학로 151번 길 28에 있는 ' 게임 타운' 앞 도로에 이르기까지 약 50m 구간에서 C 로 체 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of statutes, such as 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. On January 2016, 2016, on the grounds of sentencing under Article 62(1) of the Criminal Act, considering the fact that the instant crime was committed again, even though there was a record of punishment of a fine due to a drinking traffic accident.
Considering the favorable circumstances, such as the fact that mistakes are recognized and reflected, the fact that there is no previous conviction or more than a suspended sentence.
In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.