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 August 27, 2013, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, on June 2, 2014, a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act at the Changwon District Court on June 2, 201, and on October 23, 2017, a summary order of KRW 5,00,000 as a fine for a crime of violating the Road Traffic Act at the Changwon District Court.
around 05:50 on April 16, 2018, the Defendant driven a cub car at B while under the influence of alcohol content of about 0.053% while under the influence of alcohol without obtaining a driver’s license in the section of about 3 km from the front end of the 23km-ro, Jin-gu, Jin-si, Jin-si, Seoul, to the front road of the Central church at around the same time.
As a result, the Defendant violated the prohibition clause on drinking at least twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the said provision.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver at home;
1. Inquiry into driver's licenses;
1. References to inquiries, such as criminal history, investigation reports (Attachment to the same criminal suspect's judgment), and application of three copies of the judgment;
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 Article 62-2 of the Criminal Act, again went to commit the instant crime even though he had been punished several times due to drinking alcohol driving, etc.
However, the sentencing conditions, such as the defendant's age, sex behavior, environment, and circumstances after the crime, are imposed. However, there is a reason to consider the driving of drinking, there is no record of punishment exceeding the fine, and there is no record of punishment.