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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 25, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in Daegu District Court and the Ulsan District Court issued a summary order of KRW 5 million for the same crime on January 8, 2014.
On January 18, 2015, the Defendant, while under the influence of alcohol with 0.122% of the blood alcohol concentration without a vehicle driver’s license, driven Bbee cruises at approximately 2 km from the area near the military market in Ulsan-gu, Ulsan-do to the northwest-dong, Ulsan-dong, Ulsan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of the crackdown on drinking driving, the report on the situation of drinking drivers, and field photographs;
1. Two copies of a report on the results of the drinking driving control, inquiry report on criminal records, etc., each disposition, previous report on the results of confirmation, and a copy of each summary order;
1. Application of the statutes to the ledger of driver's licenses, disqualified inquiry, and details of disposition for cancellation of driver's licenses;
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 (referring to repeated driving, etc.);
1. Article 53 of the Criminal Act for discretionary mitigation (i.e., confession and reflectivity, the absence of any record of punishment heavier than that imposed for the same kind of crime, and family relationship, etc. of the accused);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;