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
[criminal history] On October 31, 201, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws (drinking driving) in the Gyeyang Branch of the Jung-gu District Court on March 31, 201, a fine of 4 million won for the same crime in the same court on June 22, 2012, and a fine of 1.4 million won for the same crime in the same court on December 18, 2014, and the judgment became final and conclusive on the 27th of the same month.
[2] On August 31, 2016, the Defendant driven a BF vehicle without a driver’s license in the state of under the influence of alcohol content of about 50 meters at approximately 0.097% on the front of the “CU convenience store” 84, a 22:10 on the same day from August 31, 2016 to the front of the “Agrowon” road at around 22:10 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: A inquiry letter, such as criminal history, and application of Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (non-licensed driving) of the relevant 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 punishment as ordered shall be determined by taking into account the defendant's records of drinking, drinking volume, circumstances leading to driving of drinking, and other various sentencing conditions, such as the defendant's age, sexual behavior and environment, for the reason of sentencing under Article 62-2 of the Criminal Act;