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
[criminal power] The defendant is a person who has been sentenced to a suspended sentence of two years for the eight months of imprisonment with prison labor for a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 18, 2009, and two times of criminal records.
【Criminal Facts】
On April 18, 2016, at around 22:00, the Defendant driven a vehicle Cbeeor or a vehicle without a driver’s license, under the influence of alcohol leveling 0.095% from the section of about 5 km to the entrance of the original station located in the same sex-dong on the same day, from the front of the wall-making base for automatic materials located in Goyangyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the 22:10 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation records (verification of two-time records of drinking driving after June 1, 2006)-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 48 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant, from 2006, was engaged in the crime of this case.
However, in consideration of the fact that the defendant is against himself and the same criminal record in the suspension of execution seems to have been considered for special larceny crimes, the punishment shall be determined as per the order.