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
In September 21, 2018, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court's application on September 21, 2018, and on January 9, 2019, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).
Criminal facts
On February 5, 2019, the Defendant, as a person with at least two times of alcohol driving skills, driven DK5 automobiles without obtaining a driving license from around 2 km section from the front to the front of the front of the Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, with a blood alcohol level of at least 0.115% without obtaining a driving license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports, application of court rulings and other statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 of Article 62-2 of the Criminal Act regarding community service and lecture attendance order is that the defendant repeats drinking three times for a short period of six months, and it is necessary to strictly punish the defendant.
However, considering the fact that the defendant does not have any other criminal records other than drinking driving, the punishment as ordered shall be determined in consideration of the age of the defendant, character and behavior records and various sentencing factors shown in the arguments.