beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 14, 2011, the Defendant received a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of road traffic laws in the Changwon District Court’s Tongwon District Court’s Tong-gu branch on August 3, 201, a summary order of KRW 2.5 million for a violation of road traffic laws (driving), and a summary order of KRW 700,000 for a fine of KRW 2.5 million for a violation of road traffic laws in the Changwon District Court’s Tong-gu branch branch on August 3, 201, and on March 8, 2010 for a violation of road traffic laws.
Criminal facts
On July 21, 2017, the Defendant, without a driver’s license for a motor device bicycle, was driving a B-wheeled vehicle in the section of about 1 km from the day before the string of 0.128% alcohol level in the blood while under the influence of alcohol at least twice, even though the Defendant violated the above two times due to driving of alcohol, to the day before the string of 0.128% of alcohol level in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the detection of the driver of drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. An order to attend a course under Article 62-2 of the Criminal Act;