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 October 29, 2008, the Defendant received a summary order of KRW 500,000,000 for a fine of KRW 500,000 for a violation of road traffic law (driving) from the Youngju District Court’s Yeongdeungpo-dong branch on May 10, 201, a summary order of KRW 2 million for the same crime from the Daegu District Court’s Kimcheon-do branch on May 10, 201, and a summary order of KRW 5 million for the same crime from the Youngju District Court’s Young-dong branch on November 7, 2016, respectively.
The Defendant, as seen above, has violated Article 44(1) of the Road Traffic Act more than twice, driven CSex truck under the influence of alcohol leveling 0.160% while under the influence of alcohol leveling 0.160%, without obtaining a driver’s license, from around 500 meters from the front side of the water liver in the Yellow-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do around August 13, 2017 to the front side of the bus stops located in the same Ri.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking;
1. The driver's license ledger;
1. Records of the judgment: References to inquiries, such as criminal history, and application of Part IV Acts and subordinate statutes of the summary order;
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)
2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act on the suspension of execution;
6. The reason for sentencing of Article 62-2 of the Criminal Act / [unfavorable circumstances] of the Criminal Act / Each of the crimes of this case is that the defendant again committed a person who violated the prohibition of drinking at least twice the prohibition of drinking and driving without a license, and the nature of the crime is hot.
The alcohol concentration ratio among the bloods of drinking driving was considerably high by 0.160%.
[ favorable circumstances] The Defendant committed each of the crimes in this case, and is able to repent of his mistake.
The crime of this case did not lead to a traffic accident.