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 of the final judgment.
Punishment of the crime
On October 24, 2007, the Defendant was sentenced to a fine of 3.5 million won due to a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s territorial support on October 24, 2007; on August 31, 201, the Defendant was sentenced to imprisonment for the same crime; on August 31, 201, the Defendant was sentenced to a suspended sentence of 2 or more times.
On September 6, 2013, the Defendant, without obtaining a driver’s license at around 20:20, driving a B E-cub vehicle at a section of approximately 800 meters from the upper road of the 4th Mapo-ri Mapo-ri Mapo-ri Mapo-ri Mapo-ri in front of the 0.140% alcohol concentration, while under the influence of alcohol at around 0.140%.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement on the occurrence of a traffic accident, report on detection of a motor vehicle driver, the ledger of driver's licenses, and entry of an automobile registry;
1. Previous records of judgment: Application of the Acts and subordinate statutes stated in the inquiry report and investigation report (a copy of the judgment, etc.) including criminal records;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, despite the fact that the Defendant had been punished several times due to drinking driving, has committed the instant crime, and the blood alcohol concentration level is high.
On the other hand, the defendant is against the crime of this case, and he will not drive under the influence of alcohol.
All such circumstances and other accuseds.