도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On August 21, 2006, the Defendant was sentenced to a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a summary order of 2 million won for the same crime from the same support on January 11, 2010, and was sentenced to a summary order of 2.5 million won for the same crime from the same support on April 15, 201. On August 10, 201, the Defendant was sentenced to a summary order of 2.5 million won for the same crime from the same support to the same crime on August 10, 201, and the judgment became final and conclusive on August 18, 2016.
On May 11, 2018, the Defendant, while under the influence of alcohol content of 0.061% during blood transfusions, driven a Fbeer or a car at approximately 200 meters from the front of the C cafeteria located in Gumi-si B without a driver’s license to the front of the D-U.S. 4 Public Corporation of the E-U.S. bank located in D, E-U.S. 20 meters.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Registers of driver's licenses and details of revocation of driver's licenses;
1. References to inquiries, such as criminal history, five copies of the judgment, and the application of Acts and subordinate statutes on investigation reports (the confirmation of crimes during the period of probation);
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. It is inevitable to punish a person who committed a second offense during the period of suspension of execution of the same kind of crime, in particular, it is inevitable to punish him/her in that he/she committed a second offense during the period of suspension of execution of the same crime.
In full view of all the sentencing conditions such as the accused's personality and behavior, environment, occupation, family relation, etc., the value of alcohol concentration in blood is relatively high, the motive and background of the crime, and the character and conduct of the accused.