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 11, 2012, the Defendant was sentenced to a fine of 4 million won for a crime of violating the Road Traffic Act at the Incheon District Court on September 12, 2008, and was sentenced to a fine of 1 million won by the same court on September 12, 2008, and on August 20, 2007, the Defendant was sentenced to a fine of 2 million won for the same crime.
【Criminal Facts】
On 22:44 on 29. 208. 208. 22:22:44, the Defendant driven a B camping car in the state of under the influence of alcohol with a blood alcohol concentration of about 0.060% without a car driver’s license from the front day of the main point near the Gyeyang-gu Incheon Metropolitan Gyeyang-gu Housing Site Development Zone to the Gyeongyang-gu Gyeongyang-gu Gyeongyang-gu, Seoul, the control place.
Summary of Evidence
1. Defendant's legal statement;
1. Details of management of written reports on drivers;
1. A report on the statement of the status of the driver, and an investigation report;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 punishment as per the order shall be determined, taking into consideration the fact that an order to attend a lecture has been served three times due to drinking alcohol driving and one time due to driving without a license under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, and the fact that an order to attend a lecture has been served to avoid driving in the future, such as the confession of a defendant, employment of a driving engineer, etc., the fact that there is no penal power exceeding a fine, the fact that there is no other penal power beyond a fine, the distance and place of drinking driving