도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 31, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court, on September 8, 2009, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on April 15, 2016, a summary order of KRW 8,00,000 as a fine for a violation of the Road Traffic Act was issued to the Daegu District Court and the Daegu District Court and the Mayor Support, respectively.
On March 17, 2017, the Defendant driven a B liquid sports cargo vehicle under the influence of alcohol with approximately 0.123% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from the insular area of the Dongcheon-dong, Seocheon-si to the insular Doncheon-dong located in Youngcheon-si, Youngcheon-si.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Arrest reports of suspects who violate the traffic laws on roads, reports on the circumstances of drivers of alcohol, licenses register, and inquiries about the results of crackdown on drinking;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order, etc. of the suspect's previous history), and summary order;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 for mitigation of amount of punishment (number of extenuating circumstances, such as the fact that the accused has repented his/her mistake in depth and that he/she has no record of punishment exceeding a fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds, etc. for mitigation of the amount of punishment);