도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On October 5, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on October 5, 2007 and KRW 3 million as a fine in the same court on March 9, 2016.
On January 3, 2018, the Defendant driven a B-hand car with approximately 11m alcohol concentration of about 0.143% in the blood without a driver’s license from the front of the frequency of the port of entry in the Dong-gu defense Dong-gu, Ulsan-si to the front distance of the white apartment located in 274, Nam-gu, Nam-gu, Seoul-gu, Seoul-do.
Accordingly, the defendant, even though he committed a crime of violating the Road Traffic Act more than twice, has driven a motor vehicle without a driver's license while under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual condition, on-site photographs, a report on the detection of the main driver, a tea inquiry, the ledger of driver's licenses, estimates, and written agreements;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
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;
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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);
1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;