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 January 16, 2008, the Defendant received a summary order of KRW 500,000,000 from the Changwon District Court's Jinwon District Court's Jinju branch for the crime of violation of the Road Traffic Act, on October 25, 2010, a summary order of KRW 1.5 million was issued by the same court due to the same crime, etc., and on June 30, 2015, the Defendant filed a request for a summary order for the same crime as the Jinju branch of the Changwon District Court.
On September 22, 2015, at around 15, the Defendant driven B Poter Cargo Vehicles with approximately 50 meters alcohol concentration 0.106% under the influence of alcohol without a vehicle driver’s license from the road in front of the Matern, which is located on the south of Sacheon City, to the road in front of 112 of the same route.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drunk driving, the report on the state of driver's status, the report on the state of driver's status, and the register of driver's licenses;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry report (A), report on the results of confirmation of the previous disposition, summary order, and the application of Acts and subordinate statutes to the indictment;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the Defendant committed the instant crime even though he/she was under the influence of drinking on May 29, 2015, and the Defendant’s blood alcohol concentration index is considerable, the Defendant’s liability is not weak.
However, the records of this case, such as the defendant's age, character and conduct, are relatively short of the distance of the defendant's driving, and there is no penalty power other than the fine, etc., considering the circumstances favorable to the defendant.