도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 October 10, 2014, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act in the Busan District Court, and a fine of five million won due to a violation of the Road Traffic Act in the same court on December 18, 2015. < Amended by Act No. 13588, Dec. 18, 2015>
On May 31, 2017, the Defendant, without obtaining a driver's license at around 06:35, driven a DNA car at the section of approximately 200 meters from the boundary of the name line near the name line in Busan Northern-dong to the road in the same Dong, while under the influence of alcohol content of 0.121%.
Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.
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: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
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. 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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture, even though the defendant was punished three times for the same crime, the defendant returned to the crime of this case again, and the defendant reported to the police officer called out on the road while driving, and the crime that resulted in the arrest of the defendant and the measurement of drinking is not good. The sentence of imprisonment shall be imposed in consideration of the fact that the defendant was not less than a fine but not less than a fine, and the defendant's attitude against the defendant seems to be favorable, and other circumstances after the crime are committed.