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 of the final judgment.
Punishment of the crime
On March 15, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on March 6, 2015, issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Gwangju District Court.
On September 8, 2016, at around 22:27, the Defendant driven a B-hand car under the influence of alcohol level of 0.141%, without obtaining a driver’s license, from around 3km in front of the Nam-gu Gwangju Metropolitan City, to the end of the Yando cafeteria, which is located in the same Gu Jindo-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Making a report on the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (Attachment of copies of 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. In full view of all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act (two times from 2012 to 2016 for drunk driving), driving distance, blood alcohol concentration, and other Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the sentence as ordered shall be determined as per Disposition.