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
On December 20, 2017, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Jeonju District Court on December 20, 2017, and was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jeonju District Court on August 16, 2013.
Criminal facts
On December 24, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle with approximately KRW 1 km from the off-distance plaza in front of the Yansan-gu, Jeonju-si, Jeonju-si, to about 29:0m in front of it, while under the influence of alcohol content 0.129% in blood at around 05:30 on December 24, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries into driver's licenses;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
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)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small 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, including the observation of protection and the order to provide community service and attend lectures, had recently been punished twice or more due to drinking driving, but the Defendant was also under the influence of drinking in the state of license without permission.
However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, and circumstances after the crime, which are contrary to the defendant and the sentence of a fine was fully imposed twice, and the defendant's age, sexual conduct, family relationship, etc.