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 March 25, 2014, the Defendant, at the Daegu District Court Kimcheon Branch, was issued a summary order of KRW 1,50,000 as a crime of violating road traffic laws (drinking), and on June 14, 2017, issued a summary order of KRW 4,00,000 as a fine for the same crime from the support of the Daegu District Court within the same district court on at least two occasions.
On January 2, 2018, at around 21:07, the Defendant driven a clater-car without a driver’s license, with approximately 50 meters alcohol concentration of 0.148% in blood from around 50 meters to before “S food materials marina” located in the Glateran Eup located in the Glateran-gun, Glateran-gun, Glater-gun, Glater-car without a driver’s license.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A previous conviction in judgment: Application of a reply to inquiry about criminal history, investigation report (verification of that type of force), and statutes;
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 sentencing conditions indicated in the records, such as the observation of protection, the community service order and the order to attend a lecture, the fact that the defendant was punished for the same crime, the fact that the defendant's blood alcohol concentration is high, the defendant's reflects himself, the fact that the defendant has no criminal record exceeding the fine, and the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc., shall be determined as the same as the order of the punishment in consideration of the sentencing conditions indicated in the records;