도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 25, 2016, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on March 25, 2016, and received a summary order of KRW 4 million for the same crime from the same support on September 30, 2016.
On October 5, 2016, at around 07:25, the Defendant driven B Poter II, while under the influence of alcohol alcohol leveling 0.190% without obtaining a driver’s license, from the front side of “Maintenance Do” located in the front side of “new apartment” located in the Seosan-si, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the front side of “new apartment” located in the Seosan-si, Seosan-si.
As a result, the defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Application of two copies of summary orders to two Acts and subordinate statutes, such as the report on traffic accidents, the report on actual condition of a driver, the report on statement, the ledger of driver's license, and criminal records;
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 imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The conditions favorable to repeated crimes of the same kind during a short period: The same kind of criminal records shall not be less than 17 years prior to the lapse of the judgment, except for the criminal records shown in the judgment, and the defendant's age, environment, character and conduct, motive, means and consequence of the crimes, and all the factors of sentencing specified in the arguments in the instant case, such as the circumstances after the crimes, shall be determined as