도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 7, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on August 7, 2015, and on December 16, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).
On November 28, 2017, the Defendant, who was punished twice or more due to a violation of the Road Traffic Act (drinking), driven a B car with no driver's license under the influence of about 0.159% alcohol level from the 20-meter section of alcohol level to the front of the building in front of the Medidididi center of the Medididididilet, located under the jurisdiction of the Madipo City Office of Mupo City on November 28, 2017.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the examination of the police officers of the accused;
1. A written inquiry about the results of regulating driving of alcohol and the driver's license register;
1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;
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. Although the reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order has been convicted of a fine twice due to driving of alcohol, the accused is the time of committing the crime, and the accused is repented, and he does not again drive a drinking or non-licensed driving.
The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.