도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
On September 27, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Gwangju District Court on September 27, 2012. On February 22, 2016, the Defendant filed a request for a summary order of 5 million won for a fine of 5 million won due to a crime of violating the Road Traffic Act at the Gwangju District Court's branch office.
On February 28, 2016, at around 16:13, the Defendant driven a C-wing truck at approximately 2 km from the 725 km-ri-ri-ri-ri-ri 725 km-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, without a driver's license, while under influence of 0.16.16.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);
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. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the Defendant’s previous conviction, was crackdownd twice due to drinking, as stated in the judgment, and the re-offending was conducted even after having been punished once on December 9, 2015, and the Defendant’s blood alcohol concentration was high.
However, given that there are favorable circumstances such as the Defendant’s failure to drive the instant drinking alcohol, etc., and the Defendant’s failure to repeat the crime, etc., it should be taken into account. In addition, considering the Defendant’s age, sex, environment, health conditions, circumstances after the crime, etc., all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sex, and sex, environment, health conditions