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] On April 4, 2016, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million by the same court on June 28, 201 for a crime of violating the Road Traffic Act (drinking driving).
[2] On October 13, 2017, the Defendant driven a balp lurged car at approximately 0.059% of alcohol concentration in blood without obtaining a driver’s license from a section of approximately 300 meters from the front side of the Yong-gu Yandong located in Gwangju-gu, Gwangju-gu to the seat of the same 620 square meters from the end of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report;
1. An explanatory note;
1. The driver's license ledger;
1. Investigation report (report on the situation of the driver in charge); and
1. The point of judgment: The application of a reply letter to inquiries, 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.