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 November 29, 2007, the Defendant was sentenced to a summary order of KRW 4 million by the Jeonju District Court for a violation of road traffic law, and a summary order of KRW 2 million by the same court on the same day due to the same crime, etc. on the same day, respectively. On June 5, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime, etc. at the same court.
On January 13, 2018, at around 01:33, the Defendant driven a Bunch-Ba-Ba car under the influence of alcohol concentration of about 0.114% without obtaining a driver’s license from a section of about 10km from the front of a mutually influent restaurant in the Sejong-gun, Seoul Special Metropolitan City to the front of the 41m-ro in the Geumsan-si, Geumsan-si, the Defendant driven a Bunch-Ba car under the influence of alcohol concentration of about 0.114%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions indicated in the judgment: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning inquiries into criminal history and criminal facts subject to the application of Acts and subordinate statutes;
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. The reason for sentencing under Article 62(1) and Article 62-2 of the Criminal Act on the observation of the protection of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and Article 62(1)3 of the same Act and Article 62-2 of the Act on the Punishment of Community Service and Order to Attend the lecture has a record of being punished several times by drinking, and even if there was a record of being sentenced to a suspended sentence, the Defendant was engaged in drinking in the state
However, the sentence shall be determined as ordered in consideration of various circumstances, such as the fact that the ten-year period has elapsed since the sentence of the above suspension of execution, the fact that there is no particular criminal history in the past, the age and occupation of the defendant, living environment, blood alcohol concentration at the time of crackdown, driving distance, etc.