도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 28, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law at the Daejeon District Court on August 28, 2015, and on July 16, 2012, the Defendant was sentenced to a fine of four million won for the same crime at the Daejeon District Court on July 16, 2012.
On April 16, 2016, the Defendant driven a C-learning car owned by the Defendant’s spouse, without a driver’s license, while under the influence of 0.16% alcohol concentration in the blood, at a restaurant where it is impossible to identify the trade name in Geumsan-gun, Chungcheongnam-gun, Geumsan-gun, the Defendant, at the end of the same 338 GS25 Simsan-si, Geumsan-gun, the 10km section of which is about 0.16% in front of the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving a drinking, inquiry into the results of regulating drinking driving, notification of the results of regulating drinking driving, report on the situation of driving a driving a drinking, report on the circumstances of driving a driver without a license, and the register of driver's licenses;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
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. Imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, the fact that the defendant has no record of criminal punishment beyond the fine, and other various sentencing conditions, including the background of the crime in this case, the age of the defendant, sexual conduct, environment, etc., shall be comprehensively taken into account to determine the sentence as ordered.
It is so decided as per Disposition for the above reasons.