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 July 6, 2012, the Defendant issued a summary order of KRW 6 million to a fine of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court on July 6, 2012, a fine of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court on October 30, 2012, and a fine of KRW 6 million for a violation of the Road Traffic Act at the Busan District Court on July 23, 2014.
On July 28, 2015, the Defendant, while under the influence of alcohol with 0.085% of the blood alcohol concentration without a driver’s license, operated SM5 car on the road around the Busan National University Hospital located in the Seo-gu Busan National University, Seo-gu, Busan to approximately 1 kilometer from the Busan National University Hospital.
Accordingly, the defendant, who was punished twice or more due to drinking driving, driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, register of driver's licenses, and results of crackdown on drinking driving;
1. Records before judgment: Application of Acts and subordinate statutes on inquiry reports including criminal records, and records of management and inquiry reports on detection of home-employed drivers;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. 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 on the Suspension of Execution (Consideration of Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is not high, that there is no record of punishment exceeding the fine due to the same kind of crime, that social ties are clear, that there is a reflect
1. Probation and order to attend a course under Article 62-2 of the Criminal Act (Contents, frequency, etc. of the same criminal records);