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 January 18, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Jeonju District Court for a violation of road traffic laws (drinking driving), and a person who was sentenced to a fine of KRW 5 million by the Jeonju District Court on February 27, 2017 due to the same crime, etc.
Although the Defendant had been punished twice or more due to drinking driving as above, on August 6, 2017, at around 23:54, the Defendant driven the CK7 vehicle without a driver’s license, while under the influence of alcohol content of 0.260% in blood on the front of the CY-gu Sowing-gu, Young-gu, Cheongju-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Statement report on the circumstances of the driver at home;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of such previous record);
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 for mitigation of amount (the fact that the commission of a crime and the mistake are recognized, and the fact that there is no other force of punishment except for the previous conviction in the judgment);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;