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
[criminal history of crime] Defendant - The Jeonju District Court on June 3, 2016 sentenced a fine of one million won for a violation of road traffic laws (non-licenseless driving), - The Jeonju District Court on December 28, 2015 sentenced a fine of five million won for a violation of road traffic laws (driving driving) at the Jeonju District Court on January 30, 2012, - The Jeonju District Court on January 30, 2012, sentenced a fine of two million won for a violation of road traffic laws (driving driving) at the Jeonju District Court on March 15, 2006, and sentenced a fine of one million won or more for a violation of road traffic laws (driving driving) at the Jeonju District Court on March 15, 2006.
[2] On September 18, 2017, the Defendant was driving a C D D D’s freight at approximately 100 meters from the front road of the Sogjin-gu, Sogjin-gu, Sogjin-gu, Seoul, under the influence of alcohol level of 0.103% in the influence of alcohol during blood. From around 100 meters to the front road of the Sogjin-gu, Sogjin-gu, Sogjin-gu, Sogjin-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Data for inquiry about licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous 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. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant had been punished several times due to drinking or non-licensed driving, but the Defendant was also under the influence of drinking or non-licensed driving.
However, the defendant would not once again drive a drinking or non-licensed driving, such as transferring a vehicle, etc.
There are various circumstances shown in the record, such as the fact that there is no record of fine or more recently, drinking volume, frequency, etc.