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 28, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on August 28, 2007, and on October 29, 2015, for a crime of violating the Road Traffic Act (drinking driving), the summary order of KRW 3 million has been issued.
On December 30, 2015, the Defendant driven C vehicle under the influence of alcohol content of 0.132% while under the influence of alcohol without obtaining a driver’s license from around 3 square of Mapo-si, Sinpo-si, 483, in the direction of approximately 1km to the front road of the Korean Hospital located in Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.
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 (A);
1. Written inquiry about criminal history, etc. (A);
1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);
1. Article 148-2 (1) 1, Article 44 (1), 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 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, such as the protection and observation, the community service order, and the order to attend a lecture, have already been punished twice as a crime of violating the Road Traffic Act. In particular, the Defendant again committed the instant crime at approximately two months even when he/she was issued a summary order of a fine of KRW 3 million on October 29, 2015 due to the crime of violating the Road Traffic Act committed on July 15, 2015. In addition, not only the blood alcohol concentration at the time, but also the need for special preventive measures to prevent the Defendant from repeating the same crime.
It is an unfavorable circumstance to the defendant.
However, it appears that the defendant recognized all of the crimes of this case, and it exceeds the fine due to the same kind of crime.