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
[criminal power] On August 10, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Changwon District Court, and KRW 4 million as a fine at the Busan District Court on June 13, 2014, respectively.
【Criminal Facts】
On February 12, 2019, at around 06:00, the Defendant driven a Fpoter truck under the influence of alcohol leveling 0.10% of alcohol level without a vehicle driver’s license in the section of about 1km from around C funeral hall in Busan Northern-gu, to the front of the filling station in Busan Northern-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Report on the situation of state of driver without a license, and report on the state of state of state of driver without a license;
1. Investigation report (Report on the status of an employee);
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act with regard to the crime of this case on the ground of the order to provide community service and attend lectures is that the defendant has been punished for drunk driving, but it is not good that the defendant has again driven under drinking.
The defendant has a record of being punished for drinking for three times.
The defendant acknowledges and reflects his criminal act.
The defendant has no power to be punished heavier than a fine.
In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.