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 August 20, 2010, the Defendant was issued a summary order of KRW 3,000,000 due to a violation of the Road Traffic Act (drinking) at the Suwon District Court’s Eunpyeong District Court on August 20, 201, and on October 31, 2014, the Defendant was issued a summary order of KRW 5,00,000 due to a violation of the Road Traffic Act (dacting driving) at the Suwon District Court’s House.
On May 11, 2017, the Defendant, without obtaining a motor device bicycle license, driven a CEngine bicycle from the front of the indoor packing just to the front of Pyeongtaek-si 5-ri-ri, in the form of alcohol content 0.171% under the influence of alcohol among blood transfusion around 22:15, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Statement of the situation and report on the situation of driving without obtaining a license;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
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 reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant had been punished four times due to driving under drinking and non-licenseing without any particular warning without any particular warning, and that the defendant's driving under the influence of drinking is very serious is disadvantageous.
However, the defendant reflects the crime of this case, and the defendant was hospitalized before and after the crime of this case, and was hospitalized for the proof of alcohol, and the defendant did not drive drinking again with the crime of this case.
The fact that the defendant has not been punished more than a fine due to drinking driving or driving without a license, and the age, sex, family environment, economic situation, motive of the crime, and after the crime.