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 January 18, 2013, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on December 20, 2016, the Defendant received a summary order of a fine of one million won or more for the same crime at the same court.
On June 27, 2017, the Defendant driven DW car under the influence of alcohol concentration of about 0.070% while under the influence of alcohol leveling 0.07% from the section of around 141, 141, 00, 00, 141, 141, 30,000, 140,000, 125,000,000 from the 7,00,000, 300,000.
As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger, etc.;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish him in light of the danger of driving alcohol, and circumstances that are favorable to the fact that there are two times favorable to the fact that he/she has been punished due to drinking alcohol driving: The defendant's age, sexual behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and various conditions of sentencing as ordered shall be comprehensively taken into account and determined in the text of the order.