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 January 25, 201, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Seocho-gu District Court Goyang Branch on January 25, 201, and on February 28, 2014, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On July 14, 2018, at around 06:15, the Defendant driven a C money tank without a driver’s license, while under the influence of alcohol 0.192% from the section of approximately 300 meters, up to the front road of the same Gu, around 06:21 the same day, on the roads of the Gu, Seocheon-si, Seocheon-si, Seocheon-si, Seoul, and the same day.
As a result, the Defendant violated the prohibition on driving under the influence of alcohol not less than twice, and drives a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of state of drinking driving, report on the state of state of driving without a license, report on the state of state of driving without a license, register on the use of measuring instruments for drinking, and register of
1. Previouss before and after judgments: Criminal records, inquiry reports, investigation reports (report on confirmation of criminal records), and application of two copies of written judgments to 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 ordered shall be determined by taking into account the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act, such as the fact that the defendant has mistakenly recognized and reflected the defendant's mistake; (b) the fact that the nature of the crime is inferior; (c) the awareness of compliance with driving seems to be very weak; and (d) the fact that there is no criminal record of the suspension of the execution of imprisonment or a heavier punishment.