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 29, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking driving) at the Changwon District Court’s Tongwon District Court’s Tong branch on March 29, 2012, and was sentenced to a fine of KRW 7 million due to a violation of road traffic law (drinking driving) at the Changwon District Court’s Tong Branch on September 6, 2016, and violated the prohibition of drinking at least twice.
On May 21, 2017, the Defendant driven C C C in the state of alcohol alcohol concentration of about 0.252% without a vehicle driver's license on the section of approximately 3.4km from the road in front of the Agricultural Cooperatives, which was located in the Dong-si, Seoul around May 201, 2017, to the front of the Gu-si B. The Defendant driven C in the state of alcohol concentration of about 0.4km.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Making teas;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. attached thereto);
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 chosen;
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 suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures has been three times the criminal records of criminal punishment for traffic-related crimes, but also the crime of this case has been committed.
However, in consideration of the fact that the defendant is recognized as committing his/her offense, alcohol concentration in the blood of the defendant, driving distance, the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant, and all of the sentencing conditions shown in the theory of changes, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.