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
The Defendant was issued a summary order of KRW 2,00,000 on June 21, 2010, and KRW 5,000,000 on March 27, 2014, as a crime of violation of the Road Traffic Act in the Daejeon District Court’s subdivision support.
On May 23, 2015, the Defendant, without obtaining a driver’s license on May 23, 2015, driven a HG car owned by the Defendant, while under the influence of alcohol 0.207% of blood alcohol level from around 10 meters to the G road located in Seosan-si, Seosan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. An inquiry into the results of the crackdown on drinking driving, a report on the circumstances of drinking driving, a driver's license inquiry, and a circumstantial statement of the driver's license;
1. Previous records: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records, and investigation reports prepared by police officers of the prosecution (Attachment to the same type of force);
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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
5. Article 62 (1) of the Criminal Act;
6. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. are imposed on several occasions by the Defendant, who was sentenced to a fine for a violation of the Road Traffic Act (non-licensed driving) on March 27, 2014, and even when the driver’s license was revoked, it cannot be said that the risk of recidivism is small by driving under the influence of alcohol or non-licensed driving, as stated in its reasoning.
However, in order to prevent the defendant from experiencing inconvenience to customers who come to the above E-cafeteria at the time, the defendant is able to unfold the crime.