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 May 30, 2013, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Jeju District Court on May 30, 201, and a fine of six million won for a crime of violating the Road Traffic Act in the same court on September 17, 2014, respectively.
On June 24, 2017, the Defendant violated the prohibition of drinking driving regulations at least twice, and driven a Ewing-pon truck with alcohol content of about 0.079% while under the influence of alcohol without a driver’s license, from around the Defendant’s orchard at Seopopopo City, to the front day of the D entrance back, at approximately 1km.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of an inquiry letter, such as criminal history, and a copy of a 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. 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 of Article 62-2 of the Criminal Act (the order to obtain psychological treatment from a counseling and psychological expert conducted by the Protection Observation Office to prevent recidivism due to special matters to be observed) shall be taken into account, in particular, the following circumstances are taken into account: The favorable circumstances: (a) reflects: (b) the favorable circumstances; and (c) the unfavorable circumstances that there is no record of committing a crime subject to a fine exceeding the fine: (a) the person committed the instant crime even if he/she was punished five times by drinking alcohol.