도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
On August 18, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act; on September 16, 2010, a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act; and on October 14, 2015, the same court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act.
Criminal facts
On October 28, 2015, at around 21:33, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.098%, without obtaining a driver’s license, from around the direction of the U.S. Congress Center located in Ulsan-dong, Ulsan-gu to the coast of 1446 west-gu, Ulsan-gu to the front of the 1446 police box.
As a result, the defendant violated the prohibition of drinking driving more than twice, and drives a motor vehicle without a driver's license in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and 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 alternative imprisonment with prison labor (to take account of repeated crimes of the same kind);
1. Mitigation of discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that no record exists that suspension of qualification or heavier punishment has been imposed for the crime of the same kind, and that the person confession
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;