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 May 7, 2007, the Defendant was sentenced to a suspended sentence of four months for a crime of violating road traffic law at the Jeju District Court, and was sentenced to a summary order of one million won for the same crime at the same court on February 25, 2016.
On December 6, 2016, while under the influence of alcohol 0.094% among blood transfusions, the Defendant driven a B wres car owned by the Defendant without obtaining a driver’s license within a section of approximately one kilometer from the front of the Jeju Women’s Middle School located in the same City/Do moving from the Do in front of the Jeju Residents’ Center, to the front of the Jeju Women’s Middle School.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a criminal suspect A and a copy of a written judgment);
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. Circumstances that are favorable to the determination of punishment as ordered by the order, considering the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act, such as protection and observation, community service and order to attend a lecture: The fact of crime is recognized and reflected; and immediately after the instant case, the circumstances that scrap the instant vehicle immediately before and after the instant case have a history of criminal punishment for several times due to a violation of Road Traffic Act (hyp-type eight times of punishment, suspension of execution of imprisonment, one time of suspension of execution of imprisonment), or other crimes that violate Road Traffic Act (hyp-types of punishment): The concentration of alcohol in blood at the time, the age of the accused, sexual behavior