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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 27, 2018, the Defendant was issued a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act in the support for the safeness of the methods of water source and mountain, and on August 20, 2018, the Defendant filed a petition for a summary order with the same court on August 20, 2018, and is currently pending in the trial.
Although the Defendant had the record of violating drinking regulations two or more times, on September 11, 2018, the Defendant driven a D B Blue-ri-ri-ri-ri-ri vehicle under the influence of alcohol concentration of 0.120%, without obtaining a driver’s license from around 07:00 on September 11, 2018 to the roads in front of the gas station C in Ansan-si, Sinsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Reporting on the arrest of a case;
1. The driver's license ledger;
1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, summary order, application of Acts and subordinate statutes on indictments;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor as a matter of choice (the latest repeated crime has been committed, alcohol density in the blood transfusion, the process of detection, circumstances after the crime, etc.);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the facts charged and the fact that there is no record of punishment exceeding a fine);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;