도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On March 9, 2016, the Defendant received a summary order of KRW 4 million from a fine of KRW 4 million due to a violation of road traffic law at the Changwon District Court on June 27, 2016, and a fine of KRW 5 million due to a violation of road traffic law at the Changwon District Court on September 9, 2016, respectively. On September 20, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years due to a violation of road traffic law at the Changwon District Court on September 20, 2016 and was sentenced to a suspended sentence of KRW 5 million due to a violation of road traffic law at the Changwon District Court on September 20, 2016.
On May 31, 2017, around 01:15, the Defendant driven B K3 cars while under the influence of alcohol content of 0.145% without obtaining a driver’s license from around 300 meters from the Do in front of the “Sari-gu, Sungwon-si, Sungwon-si, Sungwon-si” to the front road of the national bank distance in the same Dong.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.
Summary of Evidence
Application of the Act and subordinate statutes to investigation reports on the circumstances of the driver's statement by the defendant's legal statement, such as criminal history in the register of driver's licenses (Attachment to the same type of previous conviction and judgment
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)
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;