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 this judgment becomes final and conclusive.
Punishment of the crime
On August 1, 2014, around 23:59, the Defendant driven C cargo vehicle while under the influence of alcohol leveling 0.142% of alcohol level without a vehicle driver’s license, from the Manyang-dong’s Manyang-dong, to the Mansan-dong Manyang-dong, Goyang-si’s Mansan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and report on the control of drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, was three times a fine on drinking driving in 2002 and 2003. Although the Defendant was subject to a fine of KRW 4 million due to drinking driving on April 11, 2014, the Defendant again committed the instant crime, it is unnecessary to punish the Defendant as long as he/she again committed the instant crime.
However, considering the favorable circumstances, such as the fact that the defendant does not have the same criminal record as or higher than the suspension of execution, the fact that the defendant confessions a crime, and the fact that the defendant makes it difficult for the defendant to keep the snow in the court and again refrain from committing the same mistake.
In addition, based on the case sentencing of the same kind of case as that of the prosecutor's old sentence (two months of imprisonment, two years of probation, two years of probation, community service, 120 hours of time), the sentence was determined as the order and the execution of the sentence was suspended, and probation, community service order, and order to attend the course is attached to the defendant to prevent recidivism by peeping drinking habits.