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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 29, 2009, the Defendant issued a summary order of KRW 700,000,000 for a fine of KRW 3 million for a crime of violation of road traffic law at the Jeonju District Court’s Gunsan Branch on October 29, 2009, the summary order of KRW 4 million for the same crime from the same support on October 30, 2015, and on February 10, 2017, the summary order of KRW 5 million for the same crime was issued.
[2] On June 11, 2018, Defendant 1, who violated Article 44(1) of the Road Traffic Act more than twice as seen above, was driving a C-A-A-hurd vehicle under the influence of alcohol concentration of about 50 meters in the section of approximately 0.064% of alcohol concentration in blood without a driver’s license, from the road front of Flod direct sales outlet located in the Hasan-si, Hasan-si around 22:06 to the road front of the ordinary level in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of the previous and summary order), and three copies of the decision of summary order;
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 an alternative imprisonment with prison labor (with the previous three times of punishment due to driving under drinking, consideration shall be given to the driving of the instant drinking while driving under drinking);
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., that the defendant reflects his/her mistake
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;