도로교통법위반(음주운전)등
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.
Punishment of the crime
The Defendant, at the Changwon District Court on April 21, 2016, committed a violation of the Road Traffic Act (drinking driving), is a person who violated the provisions on prohibition of drinking, such as a summary order of KRW 1.5 million, and a summary order of KRW 5 million, issued by the same court on December 11, 2017, with the same offense, on two or more occasions.
On May 1, 2018, at around 23:20, the Defendant driven a D ready-light car under the influence of alcohol content of 0.145% while under the influence of alcohol without obtaining a driver's license from about 500 meters in a section of approximately 500 meters in the same route, from the flow point near the hold point of inside, which is located in the 90-dong, dong-ro, Kimhae-si, Kim Jong-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;
1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (the previous confirmation thereof), copies of summary order, and application of two Acts and subordinate statutes in duplicate;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished for the same kind of crime, has committed the instant crime.
However, the defendant seems to have an attitude to reflect by recognizing his mistake.
There are circumstances to consider the circumstances leading to the Defendant to commit the instant crime.
The defendant, alone, has to support the child.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, and circumstances after the crime.