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
[criminal history] On January 3, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on July 20, 201, the Defendant was sentenced to a fine of KRW 3.3 million for a crime of violating the Road Traffic Act. On May 25, 201, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act.
[2] On December 11, 2016, the Defendant driven B automobiles from approximately 500 meters at a distance of 0.147 meters from his blood alcohol level, under the influence of alcohol level 0.147%, without obtaining a driver’s license on December 11, 2016, to the central wharf located in the same Guncheon-dong from Busan Seo-dong to the road located in the same Guncheon-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):
1. In addition, even though there were two times of fines due to driving of drinking alcohol and non-licensed driving for the reason of sentencing under Article 62-2 of the Criminal Act, and the two times of fines due to drinking and non-licensed driving, the punishment for the crime of this case is not easy to commit the crime in the state of drinking. However, the punishment is determined as ordered by comprehensively taking account of the Defendant’s age, sex behavior, environment, circumstances leading to the crime, etc., and the circumstances after the crime.