도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 September 5, 2011, the Defendant was issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act by the Cheongju District Court. On November 19, 2014, the Defendant was issued a summary order of 5 million won for a crime of violation of the Road Traffic Act.
On July 8, 2016, at around 23:20, the Defendant driven a B-low vehicle under the influence of alcohol content of 0.085%, without obtaining a driver’s license, in a section of about 100 meters from the front day of GSmaart in Seowon-gu, Seowon-si to the front day of the waterside elementary school located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on traffic accidents, a survey report on the actual condition of an accident, a vehicle photograph, a notification of the results of the control of drinking, a report on the driving of alcohol, a report on the state of a driver, a car inquiry, and the application of Acts and subordinate statutes governing the car driving license to the accused;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
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. Probation and community service order under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendants’ age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking account of the following circumstances and the reasons for sentencing.
- Unlicensed or drunk driving has a record of being punished twice due to drunk driving.
The favorable circumstances - mistake is divided.
- There is no criminal conviction or heavier than fine for the same kind of crime.