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
[criminal power] On February 14, 2008, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act by the Suwon District Court. On February 4, 2014, the Defendant was issued a summary order of one million won for the same crime by the same court. On October 24, 2014, the Defendant was issued a summary order of eight million won for the same crime by the same court.
【Criminal Facts】
On June 21, 2016, around 22:28, 2016, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.062%, without obtaining a driver’s license, from around 300 meters away from the front of the cafeteria in the Yacheon-si, Yacheon-si, Yacheon-si, and the front day of the same Siropo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (attached reporting, such as a summary order of the same type of crime);
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. The punishment as ordered shall be determined by taking into account the unfavorable circumstances, such as the fact that the probation, an order to attend a lecture or an order to attend a community service order has a record of being punished several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the circumstances favorable to the defendant, such as the fact that the defendant recognizes the crime and reflects the fact