도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
【Criminal Records of Crimes】 On January 21, 201, the Defendant was sentenced to a summary order of KRW 3 million to a fine for a violation of road traffic laws (driving) at the Jeju District Court on January 21, 201; on November 6, 2014, the same court issued a summary order of KRW 4 million to a fine of KRW 6 million on two or more occasions due to a violation of road traffic laws in the same court; on July 2, 2015, the Defendant was sentenced to a violation of road traffic laws (driving) at the Jeju District Court on July 2, 2015; and on July 10, 2015, the Defendant was under the suspension of the execution of the sentence of KRW 3 million, which became final and conclusive on July 10, 2015.
【Criminal Fact-finding on April 8, 2016, the Defendant driven a Drocketing car from approximately 4km to the front road of the Defendant’s dwelling in front of the same hour from the “plug” road adjacent to the Jeju-si under the influence of alcohol level of 0.120% during blood alcohol level without obtaining a driver’s license on April 8, 2016 to around 0.120%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notice of the result of crackdown on driving drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of respective Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), text of judgment, and summary order;
1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Imprisonment;
1. Reduction: The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was already punished on three occasions in March 2011, and once in July 2, 2014 for the same crime, and was also punished on July 2, 2015 for the same crime.
Nevertheless, the defendant committed the crime of this case during the probation period, and most of the above criminal records are more than 0.1% in the case of the above criminal records.