도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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] On November 5, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon method. On November 5, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.
[Criminal facts] On April 14, 2016, the Defendant driven a motor vehicle with approximately 200m B low-speed speed from the front day of the educational sub-cafeteria to the front day of the educationally non-affiliated cafeteria at the time of inn, without obtaining a driver's license, under the influence of alcohol level of 0.082% among the blood transfusion around 22:10 on April 14, 2016.
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend a lecture are as follows: (a) the Defendant selected a sentence of imprisonment in light of the unfavorable circumstances, such as the fact that he/she has been subject to punishment twice for the same kind of crime; (b) the execution of imprisonment is suspended in consideration of favorable circumstances, such as the fact that the Defendant is under the time of committing his/her crime; and (c) the Defendant has no record of punishment exceeding the past fine