도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 19, 2006, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 3, 2015, the Defendant was issued a summary order of five million won for the same crime at the same court.
On July 15, 2017, at around 00:01, the Defendant driven a car with D low alcohol leveling 0.052% of alcohol level in a section of about 30 meters from the front of a restaurant boomed in Ulsan-gu, Ulsan-gu, Ulsan-do to the front of a public restaurant in the same Dong, without obtaining a driver’s license.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, while driving the motor vehicle without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act
1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):
1. A majority of other previous criminal records having continued to drive drinking, despite the fact that the regular confession favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and the majority of the previous criminal records unfavorable to him/her that his/her high level of alcohol content is not high, and the punishment repeated to the effect that he/she has been convicted of suspended execution due to the same kind of crime;