도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal record] On July 13, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Suwon District Court’s House on July 13, 2015. On August 17, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court on August 17, 2017. On November 8, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime. On November 16, 2017, the Defendant was sentenced to a suspended sentence of 10 months for imprisonment with labor for the same crime and became final and conclusive.
[2] On October 1, 2017, the Defendant driven a C motor vehicle under the influence of alcohol content of at least 0.132% without obtaining a driver’s license, in a section of about 100 meters from the day before the river in front of the river in front of the Eup, among Pyeongtaek-si around 05:30, the Defendant driven a C motor vehicle under the influence of alcohol content of at least 0.132% in blood.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Each photograph;
1. Previous convictions: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry letter, investigation report (report on the same criminal records and confirmation of the suspect);
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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Normal circumstances that are favorable to the reasons for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for mitigation of quantity: The confession, reflectivity, and the fact that the driver does not subsequently repeat the crime; there are records of being punished by a fine several times due to drinking or non-licensed driving; while being detained due to the same kind of crime and being tried for trial.