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 May 30, 2014, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on September 1, 2015, respectively.
【Criminal Facts】
On August 13, 2016, the Defendant, without obtaining a driver's license at around 08:50 on August 13, 2016, driven CMW car at approximately three kilometers from the front of a cafeteria located in the municipal ordinance-dong of the Macheon-si to the front of the GSS convenience store located in 1968 at the same city of the same sea.
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. On-site photographs;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (two copies of summary orders);
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 consideration the favorable circumstances, such as the fact that probation, an order to attend a lecture, or an order to attend a lecture, or an order to provide community service has the same record of sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol content is relatively high, or the defendant recognizes and reflects a crime, the favorable circumstances that the defendant has no record of suspended execution or more,