도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 November 22, 2012, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act (driving) in the Daejeon District Court’s branch on November 22, 2012, and a summary order of 1.5 million won or more as a fine for the same crime from the same support on August 18, 2014 from the same support on October 20, 2014.
【Criminal Facts】
On April 19, 2015, the Defendant, without obtaining a driver’s license on April 19, 2015, driven BM5 vehicle at the 1km section from the roads in front of the Cheongsu-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-do, to the front unit of the apartment, which is a single transferee of the same house.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of a drinking driver, report on the results of the drinking driving control, and statement on the results of the drinking driving control; and
1. A copy of the register of drinking instruments, and each entry in the register of driver's licenses (A);
1. Application of statutes on images of on-site photographs;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. The Defendant committed the instant crime, despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture had the record of criminal punishment of a fine four times for the same crime; on the other hand, the Defendant has no record of criminal punishment exceeding the fine; on the other hand, the recognition of the crime; and on the other hand