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 April 11, 2008, the Defendant was sentenced to four months by imprisonment with prison labor for a violation of road traffic laws at the Jeju District Court on April 11, 2008, and was sentenced to a summary order of KRW 5 million by the same court on December 2, 2014.
On October 19, 2017, at around 22:30, the Defendant driven a Raban truck with alcohol content of about 50 meters from the front of the convenience store in Seopo-si, Seopo-si, 24:0 to the front of the same Jungpo-gu Ka Center, and without a driver’s license, while under the influence of alcohol content of about 0.107%.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. A report on the request for appraisal of alcohol concentration and the detection of the principal driver in the blood;
1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same type of suspect records);
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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order and the order to attend a lecture, shall be taken into account all the various conditions of sentencing specified in the argument of the instant case, and, in particular, the following circumstances shall be taken into account: Contrary to the circumstances: (a) there is no criminal history that has been punished in excess of a fine after 2009; (b) undermining circumstances: (c) the execution of imprisonment in 201 and 2004 was suspended twice due to drinking, non-licenseless driving; and (d) the punishment was imposed twice for 208 years, and was imposed a fine even for 2014; and (c) the fact that each of the instant crimes was committed again; and (d) the blood alcohol