도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 15, 2011, the Defendant received a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 15, 201. On March 18, 2015, the Defendant received a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the source of water sources, and was sentenced to a summary order of KRW 7 million for a total of four times.
On April 15, 2017, at around 04:30, the Defendant driven a B co-motor vehicle under the influence of alcohol leveling 0.129% of alcohol level without obtaining a driver’s license from around 700 meters from the front of the trade influence in Mapo-gu Seoul, Seoul, to the front of the shooting distance at the entrance of the expressway located in 191, the line of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, from around 191.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of control, statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and written summary order, to the fourth statute;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The following circumstances are considered: (a) the observation of protection, community service order, and order to attend a lecture three times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that the amount of alcohol content in blood is relatively high; (c) there is no previous conviction exceeding a fine; (d) driving background, driving distance, and circumstances after the crime, etc.