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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 20, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on November 20, 2009, and was sentenced to a suspended sentence of two years for a period of ten years on September 30, 2010.
On February 20, 2014, at around 23:10, the Defendant driven a Cbee car with a blood alcohol content of at least 0.120 percent while under the influence of alcohol without obtaining a driver's license from around 23:35 on the road in front of the red jum cafeteria, which is located in the Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-do, to the front of the 23:35 day of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Disqualifications of the main office;
1. Previous records: Application of the Act and subordinate statutes of inquiry report on criminal records, etc. and investigation report (a) and summary order;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture has served several times as penalties for the same crime, and again, the criminal liability of the crime of this case is not exceptionally applied, but the fact that the defendant's mistake is against the defendant, the driving distance is relatively short, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered, and the punishment of this case is determined as ordered.