도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[criminal history] On December 6, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving in drinking), etc. on the part of the Friwon Friju, and a fine of KRW 4 million for the same crime in the Friwon Friju support on May 20, 2016.
[Criminal facts]
1. On March 5, 2017, the Defendant: (a) driven a C Poter Cargo under the influence of alcohol leveling of about 0.140% from the 20km section of the blood alcohol level to the litigation for the Cheongdo-dong 154 Seoul, Cheongdo-dong, the Cheongdo-si, 01:44 on the same day from the front of the Macheon-dong, Songpa-gu, Seoul, Macheon-gu, Seoul, to the Cheongdo-dong 154, the Defendant driven a C Poter Cargo under the influence of alcohol leveling of about 20km.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol even though he/she had been punished more than twice due to a violation of the Road Traffic Act.
2. The Defendant 1 driven C Poter freight without obtaining a driver’s license at the same time and place as that of the above paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of crackdown on driving drinking;
1. The driver's license ledger (A);
1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of criminal history of the same type);
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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Reasons for sentencing under Article 62(1) of the Criminal Act - The fact that the defendant admits his/her mistake, the fact that the defendant informed himself/herself of his/her drinking or non-licensed driving in the lawsuit claiming the expressway charges that he/she surrenders himself/herself to the police; disadvantageous circumstances: The defendant has a history of punishment for the same