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 November 22, 2006, the Defendant, at the Daegu District Court, issued a summary order of KRW 1,50,000,000 for a fine due to a violation of the Road Traffic Act, and on April 13, 2018, the Defendant, at the Daegu District Court, issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court on more than two occasions.
On May 3, 2018, while under the influence of alcohol 0.154% during blood transfusion, the Defendant driven a car with approximately KRW 500 meters of alcohol B-benz in front of a commercial unclaimed restaurant located in the Daegu Suwon-dong, Daegu Suwon-gu, without a driver's license, on the front of the road.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger, etc.;
1. Written inquiry about criminal history, etc.;
1. A copy of investigation report (report attached to the same type of judgment), summary order;
1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;
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. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the fact that the defendant's mistake is recognized and against his/her will not drive drinking again; (b) the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc.; and (c) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: