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 19, 2006, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 19, 2006, a fine of KRW 3 million for the same crime in the same court on October 11, 2007, and a fine of KRW 3 million for the same crime in the same court on July 31, 2008, in the same court on July 31, 2008, respectively. < Amended by Act No. 10350, Aug. 23, 2010>
On March 28, 2015, the Defendant, who was punished two or more times for the violation of the Road Traffic Act, was driving a B body-man car under the influence of alcohol concentration of 0.198% in the 4km section from the front day of the front day of the front day of the front day of the Goyang-gu in Manyang-si and the front day of the modern apartment, without obtaining a driver’s license at around 02:22 on March 28, 2015. The Defendant driven a B body-man car under the influence of alcohol concentration of 0.198% in the middle day of the modern apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Investigation report (Attachment to the register of driver's licenses);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was the same as drinking, driving without a license from around 2002 to around 2010, and repeated the instant crime even though the Defendant had been punished once a suspended sentence of imprisonment, and four times a fine, and the drinking alcohol of this case also has a high level.
On the other hand, there have been some time from the time when the defendant was finally punished due to drinking driving, etc., and there is a family member to support the defendant.
The age, character and conduct, family relationship, and criminal records of defendants.