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
[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law at the Changwon District Court on October 27, 2006, and a fine of KRW 2 million for the same crime in the Changwon District Court Msan Branch on June 22, 2015.
[2] On August 2, 2017, at around 17:50, the Defendant driven BM car under the influence of 0.131% alcohol while under the influence of alcohol while under the influence of 0.131%, without obtaining a driver’s license, from a section of about 700 meters from the front of the Seocho-gu, Changpo-gu, Changpo-si, Changpo-si, Changpo-si to the front road of the Seocho Women’s Senior Citizens’ Center in the same Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, a statement made under the circumstances of a driver driving a alcohol, and a report on the situation of a driver driving a alcohol without a license;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry and a written summary order, 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.
In addition, even though there are two occasions the records of punishment for the crime of violation of the Road Traffic Act (non-licenseed driving) and the records of punishment for the crime of violation of the Road Traffic Act (non-licenseed driving), the crime of this case was committed.
The favorable circumstances: The crime of this case is against the law.
There is no record of punishment heavier than that of suspended execution for the same crime.