도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 16, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 16, 2016. On April 14, 2017, the same court issued a summary order of KRW 4 million for the same crime.
[2] On August 5, 2017, around 03:40 on August 5, 2017, the Defendant driven a B-to-purd motor vehicle with approximately 300 meters alcohol concentration at around 0.068% while under the influence of alcohol without a driver’s license, from the front day of the Lriart to the new Seoul Electric Name, which is located in about 310 square meters in the middle-gu Incheon, Jung-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of driving a driver without a license, making a report on the circumstances of driving a driver without a license, making an inquiry about the results of regulating drinking, and making inquiries about licenses, teas, and mandatory insurance;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 (1) (the point of driving without a license) of the relevant Act on the grounds of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account the defendant's records of punishment for drinking or non-licensed driving, the amount of alcohol concentration in the blood of this case, the circumstances of driving, distance, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;