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] The defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the credit branch of Suwon District Court on March 18, 2008. On October 15, 2008, the defendant was sentenced to imprisonment with prison labor for the same crime on October 15, 2008. On November 21, 2008, the Suwon District Court issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Suwon District Court on November 21, 2008. On June 14, 201, the defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the credit branch of Suwon District Court on June 14, 201.
【Criminal Facts】
On October 5, 2016, at around 21:25, the Defendant driven a BM5 vehicle in the section of approximately 500 meters from the road near the Yan-si, Yaeong-si, Hocheon-si, Dongho-si, 83-ro, 9, e.g., 00 meters prior to the Yan-si, without obtaining a driver's license under the influence of alcohol concentration of 0.13%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. A report on the state of the operation of a motor vehicle;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 and Article 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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 32 and 59 of the Act on Probation, etc. shall be determined as per Disposition in consideration of the defendant's age, family environment, past criminal records, motive for committing a crime, circumstances after committing a crime, etc., which are favorable to the defendant, such as the fact that the defendant has been punished several times for the same kind of crime, and favorable circumstances such as the defendant's time of committing a crime and reflects himself/herself