도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[criminal history] The Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to a violation of road traffic law by the Incheon District Court on December 4, 2008. On November 26, 2015, the Defendant was sentenced to a fine of three million won for the same crime from the Vice Branch of the Incheon District Court.
[2] On October 14, 2015, the Defendant, without a driver’s license, driven a C-A-hurd-hurd-hurged vehicle under the influence of alcohol content of approximately 0.25% from the section of about 800 meters of alcohol to the front of a four-way restaurant, at around 62-1 (Olar-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver involved in driving, notification of the results of crackdown on drinking driving, and response to requests for appraisal;
1. License register;
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;
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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) not only five times due to drinking driving, but also two times due to driving without a license, which have the power of having been sentenced to a suspended sentence of imprisonment; (b) thereby, the driving without a license and driving without a license led to this case; and (c) the degree of measurement of drinking level is deemed to have driven in the state of drinking and driving without a license as well as to have high risk of recidivism by the Defendant.
However, the fact that the defendant is against the crime, and the age, sex, environment, circumstances leading to the crime, means and methods, results, etc. of the crime.