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
On September 21, 2006, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Incheon District Court, and on April 29, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of five million won or more for the same crime from the same court.
On April 11, 2017, at around 05:00, the Defendant driven Bone Starting Vehicle while under the influence of alcohol leveling 0.108% without obtaining a driver’s license from the front of the “Powering Hospital”, located in 78, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the “the same number of soft bridge” located in 45, the same funeral route.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous conviction in judgment: Application of a reply letter to inquiry, 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. In order to comprehensively consider all the circumstances, such as the Defendant’s age, sex, environment, background or motive leading up to committing the crime, and circumstances after committing the crime, etc., that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act (the same shall apply to a second offense, even though there are many records of punishment for non-licensed driving and drinking driving), favorable circumstances (the driving distance shows a relatively short distance) and other circumstances, such as the Defendant’s age, sexual behavior, environment, circumstances leading up to committing the crime, and circumstances after committing the crime, etc., the sentence is determined as ordered.