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 May 16, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving), and on June 12, 2013, the same court issued a summary order of KRW 4 million for a crime of violating road traffic laws (drinking driving), and on June 12, 2013, the Defendant was punished three times for a crime of violating road traffic laws (drawing in the indictment) (drawing in writing).
Although the Defendant had been punished twice or more for a crime of violating the Road Traffic Act (drinking) as above, on September 15, 2015, the Defendant driven Cina car under the influence of alcohol level of about 0.06% in the form of alcohol level of about 103:0 meters from the Do in front 23:00 on the same day from the Do in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul around 23:07, to the front road of the 103rd Donyang-gu, Seoyangyang-gu, Seoyang-gu, Seoul at around 23:07, and without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on driving of alcohol, the situation report on the driver's license, and the driver's license register;
1. Records of judgment: Application of an inquiry letter, investigation report (former and reported Acts and subordinate statutes), such as criminal 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount
1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has the history of punishment several times due to drinking driving and non-licensed driving, and again, the driving of drinking and non-licensed driving of this case is required.
However, the defendant recognizes his mistake;