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 became final and conclusive.
Punishment of the crime
【Criminal Power】 On December 8, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on April 9, 2007, the Defendant was issued a summary order of KRW 4 million for the same crime, etc. from the same support, and on May 23, 2016, issued a summary order of KRW 5 million for the same crime.
【Criminal Facts” around 17:00 on June 11, 2019, the Defendant driven a Fstoke car with a blood alcohol concentration of 0.096% while under the influence of alcohol without obtaining a driver’s license from around 3km section from the front of the road located in Si-si, Young-si to the front of the road located in Si-si. D.
Accordingly, the defendant, who violated the Road Traffic Act prohibition regulations on drinking without obtaining a driver's license at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above prohibition regulations on drinking driving.
Summary of Evidence
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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. In view of the fact that the defendant was sentenced to a fine not less than twice for the same crime, and again committed each of the crimes in this case, the Defendant’s liability is not less light.
However, the defendant recognized the crime of this case and runs deeply against the defendant.
There is no history of punishment exceeding a fine.
Modly, the old-mar's mother is felling.
In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the trial, such as the age, character, conduct, family relationship, economic condition, etc. of the defendant.