도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 22, 2007, the Defendant issued a summary order of 2.5 million won to a fine for a violation of the Road Traffic Act at the Seogsan Branch of the Daejeon District Court on March 2, 2007, and on November 30, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act at the Suwon District Court on August 30, 2012 and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act.
On April 30, 2015, the Defendant, without obtaining a driver's license on April 19, 2015, driven a DNA rental car at a level of 0.220% alcohol concentration in the blood while under the influence of alcohol at a level of 0.220%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous records: Application of replys to criminal records, replys to investigation, and Acts and subordinate statutes (Attachment of latest same kind of judgment of a suspect);
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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as shown in the text shall be determined in consideration of the fact that the defendant reflects the sentencing reasons in Article 62-2 of the Criminal Act, that the previous case and the previous case are six cases (including two cases before a suspended sentence of imprisonment) and that the blood alcohol content is high, driving circumstances, distance, etc.; and