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 this judgment becomes final and conclusive.
Punishment of the crime
On December 27, 2010, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court's gender support on December 27, 2010, and a summary order of KRW 3 million for a violation of the Road Traffic Act in the same court on June 5, 2012.
On April 8, 2013, at around 16:05, the Defendant driven one ton of B Poter while under the influence of alcohol content of about 0.154% without obtaining a driver’s license at a section of about 1 km in front of the end forest at the same Cheongri-ri, Cheongri-ri, Cheongsung-gun, Gung-gun, Gung-gun, Gung-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of drinking control, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times due to drunk driving in the past, and the defendant's strict punishment is inevitable in light of the revision purpose of the Road Traffic Act that has strengthened punishment for drunk driving.
However, considering the fact that the defendant recognized his mistake and reflects in depth, the defendant's previous conviction, family relation, health status, personality and conduct, environment, motive of the crime and circumstances after the crime, etc., all of the sentencing conditions as shown in the arguments of this case shall be considered.