도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On April 11, 2014, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court’s support on April 11, 2014. On August 18, 2016, the Defendant was charged with a summary order of KRW 5 million with the same court on August 18, 2016.
【Criminal Facts】
On August 21, 2016, the Defendant, as a person who had driven two or more times as above, driven B Mt Motor Vehicles at a 500-meter radius from the front day of the Dannam-nam Sea-gun, Chungcheongnam-do, Dannam-do to the front day of the same Eup under the influence of alcohol level of 0.066% without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Control note;
1. Previous records, etc. before ruling: Application of criminal history records, reply reports (A), investigation reports (Attachment to previous records and copies of summary orders);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although the reason for sentencing under Article 62-2 of the Criminal Act is a highly dangerous crime, the defendant repeats drunk driving without any particular crime.
Considering the above circumstances, it is necessary to strictly punish the defendant, but a suspended sentence shall be imposed only once in consideration of the fact that the defendant reflects the defendant and supports his/her family.