도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 January 30, 2008, the Defendant issued a summary order of a fine of three million won or more due to a crime of violating the Road Traffic Act at the Busan District Court, and on December 9, 2015, the same court issued a summary order of five million won or more due to a crime of violating the Road Traffic Act.
On July 22, 2017, the Defendant, without obtaining a driver’s license for a vehicle at around 22:00, driven a vehicle with C low alcohol level of about 0.13% at the 0.13% alcohol level in blood, from the residential area located in Busan Mopo-dong B to the front road of the same Mapo-dong.
Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as 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. 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 Act on the order to provide community service and attend lectures is that the Defendant was punished six times by a fine due to drinking, driving without a license, and that the Defendant went to the instant crime even though he was sentenced to a suspended sentence due to a license driving in 2008.
However, in consideration of the fact that the above suspended sentence was almost ten years prior to the above suspended sentence, the execution of the sentence shall be suspended only once, and it is so ordered as per Disposition.