도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six 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 May 18, 2007, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court on May 18, 2007, a fine of KRW 1,500,000 for the same crime in the same court on June 18, 2009, and a fine of KRW 2,000,000 for the same crime in the same court on August 28, 2012, and was sentenced respectively to a fine of KRW 2,00,000 for the same crime.
On April 29, 2013, at around 00:20, the Defendant driven BM5 car without obtaining a driver’s license from the front of the Jin Hospital in Daegu Dong-dong to the front road of the safe library located in the same Gu-dong-dong to the safe library located in the same Gu-dong-dong-dong, and without having driven BM5 car under the influence of alcohol of 0.147 percent of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. A driver's license inquiry;
1. Previous records: Criminal records and other inquiries, and the application of investigation reports and statutes;
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. The reason for sentencing of Article 62-2 of the Criminal Act on the order of compliance driving lecture is that the defendant was punished three times by a fine due to drunk driving in the past and again committed the instant crime. However, considering the fact that the defendant reflects his mistake and has no criminal record of suspended sentence or more, the punishment as ordered shall be determined.
It is so decided as per Disposition for the above reasons.