도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 31, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Incheon District Court, and a summary order of KRW 5 million as a fine in the same court on December 28, 2012, respectively.
On August 19, 2016, at around 21:15, the Defendant driven a C dyp truck with a blood alcohol concentration of about 0.052% from the 1km section to the front of the hyp restaurant located in Incheon Strengthening-gun B from the Defendant’s house located in Incheon Strengthening-gun B. The Defendant driven a C dyp truck with a blood alcohol concentration of about 52%.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is C and C and the owner of cargo.
The Defendant operated the freight truck that was not covered by mandatory insurance at the same time and place as the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and details of mandatory insurance inquiries;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same type of crime records), and application of Acts and subordinate statutes attached to two summary orders;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each type of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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 (The consideration is that there is no record of punishment heavier than imprisonment without prison labor or heavier punishment);
1. Order to attend lectures under Article 62-2 of the Criminal Act;