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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 8, 199, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) at the Seosan Branch of the Daejeon District Court on December 8, 199; KRW 3 million as a fine at the Jung-gu District Court on October 17, 2007; and KRW 2 million as a fine at the Seoul Central District Court on May 2, 2014, respectively.
On March 5, 2016, around 04:50, the Defendant driven a Bsch Rexton vehicle under the influence of 0.076% while under the influence of alcohol, without obtaining a driver’s license, from the front side of the Geumcheon-gu Seoul Metropolitan Government “BB Market” to the digital complex located in the same digital route 211 to the lower distance.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a certificate of drinking alcohol measurement, report on the situation of driving a vehicle, and the ledger of driver's licenses;
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. 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. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act on orders to provide community service or attend lectures: The drinking value is not high and the driving distance is relatively short;
(k) Unfavorable circumstances: The police officer has fleded despite the restraint of police officers after driving alcohol, and there is a criminal record who has been punished three times due to drinking driving or two times due to driving without a license;
It shall be determined as ordered by taking into account the circumstances revealed in the pleadings, such as the circumstances leading to the driving of drinking, the circumstances after the crime, etc.