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 September 8, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on September 8, 2008, and a fine of KRW 1 million by the same court on April 10, 2017.
On September 4, 2017, while under the influence of alcohol content of 0.120% in blood without a driver's license, the Defendant driven approximately KRW 146 meters in the section from the 146-meter radius to the road front of the Safety Center in front of the 119 Safety Center located in and outside of the city of Kim Sea, from the 56-ro to the 77-ro in and outside of the city of Kim Sea.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking, and details of revocation of driver license;
1. Application of a reply to inquiry, such as criminal history, report on investigation (whether such report falls under the relationship between a drinking driver and a previous conviction and a judgment attached thereto);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
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 taking into consideration the following circumstances: Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime.
Unfavorable circumstances: The defendant was punished for the same kind of crime, and the defendant committed the crime of this case.
The value of alcohol concentration in blood is high.
A favorable condition: The defendant has no record of being sentenced to imprisonment for the same kind of crime.