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
On July 11, 2011, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on July 11, 201, and a person who was sentenced to a suspended sentence of one year for six months by the same court on December 15 of the same year.
On May 10, 2013, the Defendant driven B, while under the influence of alcohol level of 0.077% without a driver’s license, on the road at the entrance of 1sta Eup, Young-si, Young-si on May 10, 2013.
As a result, although the defendant had the power of violating driving under the influence of alcohol more than twice, he again driven the above vehicle without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;
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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, an order to attend a lecture, or an order to attend a lecture, shall be determined as follows: (a) a fine for a drunk driving around December 1999; (b) a fine for a drunk driving around May 2005; (c) a fine for a drunk driving or a non-licensed driving around July 201; and (d) a fine for a one-year period of suspension of the execution of imprisonment for a drunk driving or a non-licensed driving around December 201; and (c) a fine for a one-year period of suspension of the execution of imprisonment for a six-month period, even though the punishment was imposed on the instant crime, the punishment for the instant crime is not less weak; (d) on the other hand, the blood alcohol concentration is not high; and (e) a penalty is against the order.