도로교통법위반(음주운전)등
1. The punishment of the defendant shall be eight months;
2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;
Punishment of the crime
[criminal history] On April 22, 2015, the Defendant was issued a summary order of a fine of two million won or more for a violation of road traffic law in the support of the Daegu District Court on April 22, 2015, and on December 2, 2015, the Defendant was issued a summary order of a fine of three million won or more for a violation of road traffic law (driving) in the same court.
[2] On April 3, 2016, the Defendant driven C cargo under the influence of alcohol level of about 0.114% without obtaining a driver’s license in the section of about 1km from the front side of the permanent livestock base, which is located in 79 as the flag of the Singuk-Eup, a permanent residence of 21:43, to the front side of the same Eup/Myeon-ro, 152-12, and to the front side of the public library, the Defendant driven C cargo without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on investigation (Attachment of guidance), guidance;
1. Inquiries about the results of regulating driving of drinking, reporting on the circumstances of driving of drinking, and sending a driver's license report;
1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of force), and application of the text of the judgment;
1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has a number of times for the defendant to commit the crime of driving alcohol (the highest sentence is eight months of imprisonment with prison labor sentenced in 2004 and two years of suspended sentence). In particular, even if the defendant was sentenced to a fine twice within the recent short period, it has been committed in the crime of this case. This is an unfavorable circumstance to the defendant.
In light of the degree of statutory attitude, etc., the Defendant seems to be genuine (which seems to have the opportunity to further reflect during detention) and the Defendant’s personal seal.