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 23, 2014, the Defendant was issued a fine of KRW 4 million at the Busan District Court due to a violation of the Road Traffic Act (driving) and was issued a fine of KRW 4 million in the same court on August 16, 2016.
On February 7, 2019, at around 23:25, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.133%, without obtaining a driver's license, from around the Busan Northern-gu B Resident Self-Governing Center to about 150 meters in front of C.
As above, the Defendant had been punished twice due to drunk driving again, but was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report, and inquiry into the results of the control of drinking driving;
1. The ledger of driver's licenses;
1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to criminal warning, inquiry reports, investigation reports (verification of the same-class power);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the criminal act in which the defendant had been sentenced to a fine twice due to drinking or unlicensed driving, and thus, the defendant needs to be punished strictly.
However, the defendant has no previous convictions over the probation, considering the favorable circumstances for the defendant.
In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.