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
On July 11, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime in the Jung-gu District Court Goyang Branch on July 13, 2015, respectively.
On January 19, 2017, the Defendant driven B Poter Cargo Vehicles under the influence of alcohol concentration of 0.096% in the blood alcohol level without a driver’s license in approximately 2 km section from the “NON-dong, PON-dong, PON-dong, Seoyang-si, PON-si, Goyang-si.”
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating drinking driving, the situation report of the driver driving, and the ledger of driver's licenses of each motor vehicle;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant, since 2003, driven the fourth drinking as the instant crime, and had been driving without a license at this time.
However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.
In addition, the punishment shall be determined as ordered in consideration of the motive, driving distance, circumstances after the crime, etc. of this case and all of the sentencing conditions identified in the process of trial.