도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2016 Highest 2106] On July 13, 2006, the Defendant is a person who was sentenced to a summary order of KRW 5 million for the same crime in the same court on June 1, 201, as a person who was sentenced to a fine of KRW 3 million for violation of road traffic law (drinking), etc. in the Gwangju District Court’s Netcheon Branch on July 13, 2006, as a person who was sentenced to a summary order of KRW 5 million for the same crime in the same court on June 19, 201.
On August 18, 2016, while under the influence of alcohol level of 0.121% in blood, the Defendant driven the above car with approximately 50 meters from the street in front of the Cheong River Slock cafeteria, which is located in the Dong of the Cheongcheon-si Municipal Ordinance, to the front of the jum of the Cheong River Slock cafeteria, to the 2-lane of the same city in the same city.
[2016 Highest 2764] On November 28, 2016, the Defendant driven a 500-meter Category B SM5 car from the front of the secondary apartment road in the direction of the 1st century to the front of the post concentration station in the 1st century, in the direction of the 1st century, without obtaining a driver’s license for a vehicle at around 15:55 on November 28, 2016.
Summary of Evidence
The defendant's legal statement statement report, blood collection report of drinking drivers, previous records on the ledger of driver's licenses: The application of five copies of inquiries such as criminal history, summary order, and copy of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the selection of imprisonment with prison labor;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, repeated the driving of drinking, even though he/she was subject to two times a crime of escape vehicle, one time a traffic accident due to drinking alcohol, and two times a license without drinking, and the drinking volume is also high.
In addition, the driver is also driving without one license.
However, the punishment shall be determined by taking into account the fact that the defendant commits a crime and the age, environment, etc. of the defendant.