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 of the final judgment.
Punishment of the crime
【Criminal Power】 On April 23, 2008, the Defendant had a blood alcohol concentration of 0.079% at the time of committing a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court.
on January 20, 2010, the blood alcohol concentration at the same court was 0.060% at the time of the same crime.
on July 25, 2013, the blood alcohol concentration at the time of the same crime was 0.136%.
a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of seven million won.
【Criminal Facts of Crimes】 Around December 10, 2013, the Defendant driven B 00 % under the influence of alcohol content 0.108% without obtaining a driver’s license in a section of about 20km from the front of a restaurant where it is impossible to know the trade name in the front of the westnam-gun of the Republic of Korea to the front of the port office located in the Yanpo-si, Mapo-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports and investigation reports (a) Acts and subordinate statutes on criminal records, etc. and subordinate statutes;
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative imprisonment with prison labor (in addition to the normal criminal power, it has the power to receive a fine of 500,000 won due to drunk driving in 201, and the last four months after the punishment is imposed, and the vehicle driven at the time of punishment in 2013 also was the same B vehicle as this case, etc.);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;