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 3, 2010, the Defendant issued a summary order of a fine of two million won to a crime of violating the Road Traffic Act at the Gwangju District Court on September 3, 2010, and a fine of two million won to a crime of violating the Road Traffic Act at the Gwangju District Court on May 8, 2017.
On September 20, 2017, the Defendant: (a) driven a B car while under the influence of alcohol with about 500 meters alcohol concentration of 0.181% in blood, without obtaining a driver’s license, from around 130 meters in front of the 134 B car, from the front day of the lulet-type cafeteria near the Bullet-gu Seoul Metropolitan City, to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. The point of judgment: The application of a reply letter to inquiries, 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 full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.