도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 July 5, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violation of the Road Traffic Act in the support of the Southern District Court of the Jeonju on July 5, 2007, and a summary order of KRW 3 million with the same crime in the same court on February 1, 2013.
【Criminal Facts】
On May 11, 2014, the Defendant, at around 16:05, driven a car under the influence of alcohol level of 0.182%, without obtaining a driver’s license from the front line of the trade name in Jeonju, to the front line of the Agricultural and Fishery Cooperative Center located in Gwangju Northern-gu, Gunang-gu, to the front line of the Agricultural and Fishery Product Joint Center.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of five copies of Acts and subordinate statutes, such as criminal records and written judgments;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has the record of being punished several times as the same crime, and in particular, in light of the fact that the Defendant again committed the instant crime and the Defendant’s blood alcohol concentration is very high, it is necessary to punish the Defendant strictly.
However, in consideration of the fact that the defendant is against the defendant, the defendant has no record of being subject to punishment exceeding the fine, and the defendant's age, character and conduct, family environment, etc., the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case