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 September 30, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving) with the support of Ansan Frigwon method, and on April 24, 2018, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and violated Article 44(1) of the Road Traffic Act on at least two occasions, on May 26, 2018, the Defendant driving a motor vehicle under the influence of KRW 2 km from May 26, 2018 to March 342, 2018 without a driver’s license, from the road front of the Busan Frig-gu, Ansan Frig-dong, the Defendant was driving a motor vehicle under the influence of KRW 0.92% alcohol out of blood alcohol, and Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (verification of the history of punishment twice a drinking driving);
1. Article 148-2 (1) 1, Article 44 (1) (driving of Drinking), Article 152 (1) and Article 43 (Unlicensed Driving) of the Traffic Act concerning the facts constituting an offense under the relevant Act (Selection of Imprisonment with labor);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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. It is determined as above on the grounds that the protection and observation and the community service order under Article 62-2 of the Criminal Act (the defendant had a previous conviction for the same kind of crime, and in particular, on February 2, 2018, the crime of this case was committed immediately after the driver's license is revoked due to drinking and criminal punishment is imposed, and considering the degree of alcohol concentration during blood, the driving background, distance of alcohol, etc.)