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] On February 2, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on February 2, 2007. On September 11, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving) at the resident support of the Daegu District Court on September 11, 201.
【Criminal Facts】
On December 31, 2018, the Defendant, without obtaining a driver’s license on December 19:38, 2018, driven a car by 0.144% alcohol concentration in the form of alcohol, and from the front of the “C” in the Sin-si B to the front of the “E” located in D in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. The ledger of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that the defendant reflects the error, that the driving distance is shorter than 100 meters, that there is no criminal record of a stay of execution or higher, and that there is a clear social relationship);
1. Probation, community service order or order to attend a lecture, etc. under Article 62-2 of the Criminal Act (see, e.g., the fact that there are many previous and several persons, the drinking water level of at least 0.1%, and the fact that physical damage has been inflicted due