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
On July 13, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on July 13, 2016. On January 26, 2017, the Defendant received a summary order of KRW 5 million due to a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court’s Busan District Court.
1. On March 15, 2017, the Defendant driven a chip car under the influence of alcohol content of 0.114% in blood while under the influence of alcohol without obtaining a driver’s license from the front Doro of the 59-lane 23, Seoul Special Metropolitan City, Nowon-gu New Forest to the 209-ro 1.2km.
As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.
2. Around March 19, 2017, the Defendant was driving a vehicle like Paragraph 1 without obtaining a driver’s license from the front side of the 321-day Seoul Special Metropolitan City New-ro 59-ro 23, the Seoul Special Metropolitan City new-ro 301, the front side of the 30-meter new-ro 321.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. References to inquiries, such as criminal history, and application of each summary order statutes;
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 imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.