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 May 16, 2013, the Defendant was issued a summary order of KRW 4,00,000 for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On February 13, 2017, the Defendant was issued a summary order of KRW 5,00,000 for a crime of violating the Road Traffic Act (drinking driving).
On September 30, 2017, around 03:35, the Defendant driven a bwing and freezing vehicle under the influence of alcohol concentration of 0.107% while under the influence of alcohol, without obtaining a driver's license, at a section of about 3 km in front of the Pyeongtaek-gu Seoul Metropolitan Government, for the unification of Eunpyeong-gu, Seoul, up to a level of about 962, from around 3km in the front of the Eunpyeong-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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 previous records in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures are within the last five years, and the defendant's driver's license is revoked due to the act of driving under the punishment on February 13, 2017. Nevertheless, the defendant's driving under the influence of alcohol again without any particular warning without a particular warning, and the defendant's driving under the influence of alcohol is disadvantageous.
However, the fact that the defendant did not repeat the crime of this case while against the crime of this case, that there is no punishment heavier than the fine due to traffic-related crimes, that the defendant is proceeding for personal rehabilitation due to business failure, and that the income of the defendant supports the family.