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 December 7, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the District Court on December 7, 2010, and KRW 3 million for the same crime in the same court on April 8, 2016.
On July 16, 2017, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven a B tear motor vehicle under the influence of alcohol concentration of 0.145% in alcohol during blood, without obtaining a driver’s license, at around 23:19 on the same day from the same day at the station located in the Dong-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, 104, the same day at around 23:19, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.145%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in addition to the instant crime, has been punished for drinking driving twice more.
Nevertheless, in the state of license without license, the driver has been driving at once.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.