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 December 11, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on March 2, 2016, a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the above support.
[2] Although the Defendant had been punished twice or more as above, on July 5, 2017, at around 00:40, on the road in the C Party located in Sejong-si, Sejong-si, the Defendant transpiced D’s blood alcohol concentration at 0.192 (on the zero point) per cent without a driver’s license and driven a XG motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of the driver in charge of driving, notification of the result of crackdown on drinking and the ledger of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);
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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Article 55 and Article 55 (1) 3 of the same Act (Article 53 of the same Act has the criminal records of the defendant and the values of drinking are relatively high, but the confession of the defendant is made by the defendant and there is no record
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;