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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 8, 2013, the Defendant issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, and on April 27, 2016, a summary order of five million won or more for the same crime at the Busan District Court on the same day.
On April 30, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on April 20, 2017, driven a BN driver’s vehicle at approximately 5km from the section of approximately 5km to the front road of the gold subway station located in the Geum-dong in Busan Northern-gu, in the south-si under the influence of alcohol content of 0.053%.
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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, had been punished twice due to drinking driving and twice a licenseless driving, again, had been sentenced to the instant crime. As such, the Defendant again committed the instant crime, the Defendant was sentenced to imprisonment by a fine as it is difficult to achieve the purpose of punishment. In addition, considering the Defendant’s attitude to reflect on the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the execution of the sentence shall be suspended only once, taking into account various sentencing conditions indicated in the instant argument, such as the Defendant’s age, sex, environment, motive