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.
On January 18, 2007, the defendant was sentenced to a suspended sentence of 6 months by imprisonment for a crime of violation of the Road Traffic Act at the Busan District Court on January 18, 2007. On March 9, 2007, the Changwon District Court issued a summary order of 5 million won for a crime of violation of the Road Traffic Act. On May 9, 2018, the court issued a summary order of 3 million won by the same court as a penalty of violation of the Road Traffic Act.
【Criminal Facts】
On August 18, 2018, at around 22:56, the Defendant driven a B Sti-type car with a blood alcohol concentration of 0.201% under the influence of alcohol without obtaining a driver’s license in approximately 500 meters from the front of the restaurant in which it is impossible to know the trade name in the Jinhae-gu, Changwon-si, Changwon-si, and the front of the Jinhae Police Station located in 815, as the former Jinhae, to the front of the Jinhae Police Station in 815.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (former and subsequent attachment of materials);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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 under Article 62-2 of the Criminal Act was that the Defendant driven a motor vehicle without permission under the influence of alcohol without being well aware of the past six times of suspended sentence of imprisonment, including two times of suspended sentence of imprisonment due to drunk driving.
. The above.