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
[criminal history] The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on February 18, 2011, and seven million won for the same crime at the same court on July 7, 2016.
[2] On January 21, 2017, the Defendant, at around 00:0, driven a car with alcohol concentration of approximately 0.225% from the section of about 200 meters, while under the influence of alcohol content in the direction of 0.25% from the 200-lane to the front side of the 23-lane 23-hon steel in the same Eup, Dong-gun, Gangwon-gu, Gangwon-do, Gangwon-do, Seoul, without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions: Inquiry into criminal history, investigation reports (related to drinking driving force and driving without licenses), and application of Acts and subordinate statutes of investigation reports (verification of criminal records of the same kind of suspect);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the provision of protection and observation, the provision of community service order and the provision of an order to attend a lecture, despite the fact that the defendant had been punished for driving under drinking twice, repeats the driving of drinking and the non-licenseed driving, drinking is an act that may threaten not only the driver's own life but also another person's life, and is highly likely to be subject to social criticism, and the fact that alcohol concentration in the blood during drinking driving is high is disadvantageous to the
On the other hand, the defendant is divided into the crime of this case, and thus, he is again.