도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for 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 June 30, 2011, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, in the same court on December 20, 2011, a summary order of KRW 3.5 million as a fine for a violation of the Road Traffic Act (driving), and in the same court on March 8, 2012, a fine of KRW 6 million was imposed for a violation of the Road Traffic Act (driving).
On June 12, 2013, at around 22:58, the Defendant driven BM5 car under the influence of alcohol content 0.135% without obtaining a driver’s license from the 1km section to the road front of 120-lane, Gangseo-gu, Seoul, Gangnam-gu, Suwon-gu, Seoul, and without obtaining a driver’s license, on the part of the river that is drinking in blood alcohol content 0.135%.
Accordingly, the Defendant, who violated the provision that anyone shall not drive under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished several times for a similar crime within a relatively short period of time, and that the accused is likely to not repeat again by means of violating the depth and selling vehicles, etc., a punishment shall be determined like the order, considering the favorable circumstances;