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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On May 25, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the original state support of the Chuncheon District Court, and on April 23, 2015, the same court was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the same court.
【Criminal Facts】
On July 16, 2016, around 00:15, the Defendant driven a B Sti-type car with a blood alcohol content of 0.131% under the influence of alcohol without a car driver’s license from the front of the 10km apartment road in the front of the Ya-Eup, the front of the Ya-si, the front of the Ya-si, the Ja-si, the lower court, to the front of the community credit cooperatives located in the same Gu-Eup, the same Gu-Eup
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of a drinking driver, report on the status of a drinking-driving, and inquiry into the results of the control of a drinking-driving;
1. Report on the situation of driving without a license, and a driver’s license inquiry;
1. Previous records: Criminal records and application of statutes governing judgment;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, even though the Defendant had been punished twice due to drinking without a license, and twice due to an act of driving without a license, once again driven without a license.
Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.