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 becomes final and conclusive.
Punishment of the crime
[criminal power] On May 20, 2015, the Defendant was issued a summary order of KRW 5 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on May 20, 2015, and on October 16, 2013, the Defendant was issued a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on October 16, 2013, and the same records of drinking driving are 4 times in total.
【Criminal Facts】
On May 28, 2019, around 22:55, the Defendant driven approximately 10km from the front of the C cafeteria located in Macheon City B, to the front road of the intersection of the YY in the area of the same sea area, the Defendant driven a 50cc bit bit 136% of the blood alcohol concentration, without a motor device bicycle driver’s license, in a state of alcohol of about 0.136% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and statement of compulsory insurance coverage;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances unfavorable to the defendant who recognized his/her mistake and reflects the fact that the defendant has been subject to criminal punishment several times for the same kind of crime, and the defendant's age, character, character, environment, health conditions, motive and consequence of the crime;