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
On September 6, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s sexual support on September 6, 201. On July 28, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) and a suspended sentence of two years for a violation of the Road Traffic Act, a community service order of 40 hours and an order to attend a compliance driving lecture.
On August 25, 2013, around 15:20 on August 25, 2013, the Defendant driven a Category D 1 ton of freight without obtaining a driver’s license from the 4km section of approximately 4km from the walter located in the same Ri located in the walter located in the Geong-gun, G, and one ton of alcohol content, while under the influence of alcohol by 0.116%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. The indictment under Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting the crime stated as "Article 148-2 (2) 1 of the Road Traffic Act", but it is obvious that it is a clerical error and thus shall be corrected ex officio;
Article 4(1)(A) of the Road Traffic Act, Article 152 subparag. 1, and Article 43(a) of the Road Traffic Act
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. In light of the reasons for sentencing of Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, the defendant was punished several times as stated in the facts of the crime in the judgment, including the punishment for drunk driving and without a license, and the fact that drinking driving was done under the license without license, and the purpose of the revision of the Road Traffic Act that strengthened the punishment for drunk driving.