도로교통법위반(음주운전)등
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
【Criminal Power】 On February 6, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a fine of KRW 3 million from the Gwangju District Court to a violation of the Road Traffic Act on July 16, 2010.
【Criminal Facts” around 04:20 on April 23, 2016, the Defendant, without a driver’s license, driven B car from the front day of the mutual influence house in the influence Eup in Pakistan-si, Pakistan-si to the front day of the entrance of an association village in the same Ri, while under the influence of alcohol by 0.09% of the blood alcohol concentration without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a bound copy of a summary order of the same attached power);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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. Article 62 (1) of the Criminal Act;
1. The fact that there exists a record of serving the punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act: Provided, That the punishment as ordered shall be determined by taking into account the following factors: the fact that there exists no criminal record heavier than the fine, the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc.
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).