도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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 August 19, 2011, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine at the Gwangju District Court on February 21, 2014 as the same crime.
On July 3, 2014, at around 23:18, the Defendant driven a B-5 vehicle under the influence of alcohol level 0.109% while under the influence of alcohol level 0.109%, without obtaining a driver’s license from the front day of the Triju-dong, Seo-gu, Gwangju to the front day of the Triju-dong, Nam-gu.
As a result, the Defendant driven a motor vehicle under the influence of re-driving on more than two occasions even though he had a history of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the circumstantial statement of a drinking driver, and the details of control;
1. A driver's license inquiry;
1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, a positive factor that sets the sentence as stated in the Disposition, in full view of various circumstances, such as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and conduct, career, environment, etc. as shown in the instant pleadings: The negative factor that there is no previous conviction other than the previous conviction in the judgment: (a) the fact that a fine of KRW 4 million has not been issued for a drunk driving on February 21, 2014; (b) the fact that the said special circumstance was committed again due to a drunk driving, and other extenuating circumstances: alcohol value;