도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.
Punishment of the crime
On October 13, 2011, the Defendant issued a summary order of a fine of KRW 3.5 million at the Gwangju District Court due to a violation of the Road Traffic Act (driving) and on January 29, 2015, the Defendant was sentenced to a fine of KRW 2 million by the same court.
On October 8, 2016, at around 09:00, the Defendant driven an unregistered tetrab, without obtaining a license, from a section of approximately 1.5 km to a section of approximately 0.120 km alcohol level while under the influence of liquor with 0.120% alcohol level, from the front side of the Dodong apartment located in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Gwangju-do to the front side of the Namju Oil Station located in the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. On-site photographs;
1. Notification of launch of a two-wheeled motor vehicle violating the Automobile Management Act;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to the previous and previous judgments);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. For the reason of sentencing under Article 62-2 of the Criminal Act, probation, community service order, and order to attend a lecture, the Defendant’s criminal punishment records (not less than five times from 2001 to 2015 for drunk driving), driving distance, blood alcohol concentration, and other conditions of sentencing indicated in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, etc.