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 November 7, 2014, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Central District Court on April 4, 2018, respectively.
around 00:06 on July 24, 2018, the Defendant, who violated the foregoing two or more times, driven Cenz automobiles with a blood alcohol content of about 0.140% while under the influence of alcohol without obtaining a driving license from around 5km from the roads near the New Station in Gangnam-gu Seoul, to the front of the Yongsan-gu Seoul Yongsan-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;
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. A favorable condition for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than a fine due to the same kind of crime, the fact that the driver's license was revoked due to drinking driving, and the fact that the driver's license was revoked has not been too long, considering all the sentencing conditions specified in records and arguments, such as the defendant's age, character and behavior, family relationship, and circumstances before and after the crime;