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 August 22, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on August 22, 2008. On January 11, 2018, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, and was sentenced to a fine of three million won for a violation of the Road Traffic Act on at least two occasions.
On July 28, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 23:45, driving a C chip motor vehicle owned by B from a section of about 50 meters, which is owned by B, from a section of about 50 meters, to a digital road in front of the 5-luminous Police Station, from a mix-dong Commercial Area below 0.114% alcohol concentration in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. The driver's license ledger (A);
1. Report on the circumstances of driving without a license;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to (A) and investigation reports (reports attached to judgments, etc.) as a result of inquiry about criminal history;
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 an alternative imprisonment with prison labor (three times the same kind of punishment, taking into account the fact that the person has three times the same kind of punishment, the blood alcohol concentration, and other criminal records);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 9
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;