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 January 18, 2007, the Defendant was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (drinking driving), and on September 30, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for August due to a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court Kimcheon support on September 30, 2010. On March 10, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon support on March 10, 2015.
On April 14, 2016, the Defendant, as seen above, driven a motor vehicle for the motor vehicle with a alcohol alcohol level of about 0.107% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from about 1km section from the front of the Defendant’s house located in Kimcheon-si B to the front of the road at the same time. The Defendant driven a motor vehicle for the motor vehicle with a alcohol level of about 0.107% under the influence of alcohol level in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions and results of investigation);
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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act: The Defendant committed the instant crime even when he/she was punished four times due to drinking or non-licensed driving, and the amount of alcohol concentration in blood at the time of blood is high to 0.107%, which are favorable to the fact that the crime is inferior and that the risk of recidivism is high: