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 February 19, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court on February 19, 2008, a fine of five million won for a violation of the Road Traffic Act at the Incheon District Court on November 25, 2013, and a fine of five million won for a violation of the Road Traffic Act at the Incheon District Court on February 20, 2014.
Although the Defendant had been punished twice or more as above, on September 22 and 28, 2015, the Defendant driven Brano-car at the 1km section from Seo-gu, Seo-gu, Incheon to 494-1, to 494-1, in the state of under the influence of alcohol level of 0.121% during blood, without obtaining a driver’s license on September 6, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The license ledger;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;
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 Competition;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Order to attend lectures under Article 62-2 of the Criminal Act;