beta
Text
A defendant shall be punished by imprisonment for six months.
However, 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 March 8, 2013, at around 20:55, the Defendant, without a car driver’s license, driven BM5 car at the section of about 3 km to the 0.079% e.g., in front of a restaurant in the mutually unflued e.g., in the city of Asan-si, in the state of alcohol concentration of 0.079% without a car driving license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and a report on the status of the driver under consideration;
1. Report on the situation of driving without a license, and a driver’s license inquiry;
1. Application of the Acts and subordinate statutes of the hostile inquiry;
1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the Defendant committed the instant crime, even though the reason for sentencing under Article 62-2 of the Criminal Act was several times of a fine due to drinking driving or driving without a license, etc., the criminal liability is not somewhat against the Defendant.
However, a suspended sentence is to be imposed on the condition that an order to attend a lecture is issued only once in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit a crime and the defendant has no criminal record exceeding fines.