beta
Text
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.
Reasons
Punishment of the crime
On July 28, 2018, at around 18:34, the Defendant driven a G FD car without obtaining a driver’s license from the section of approximately 600 meters of alcohol content at approximately 0.114% in blood, from the section of the E bridge located under the Chungcheongnam-nam Budget Zone D to the front of the plastic house of the person who is in F.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes to 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the instant crime, etc., the sentence as ordered shall be determined.
The favorable circumstances: The defendant's mistake and reflects, the fact that the defendant does not cause any harm to others, such as traffic accidents, due to simple drinking or unauthorized driving: The fact that there are several times the records of punishment for the same crime, but there is a high possibility of criticism in recidivism, the risk of recidivism is high, and the alcohol concentration in the blood is relatively high.