도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
On August 10, 201, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution with labor for a violation of the Road Traffic Act, etc. at the credit support of the Suwon District Court on August 10, 201, and was issued a summary order of KRW 8 million of fine on October 14, 201.
On March 28, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle on March 28, 2014, driven a D low-speed motor vehicle at a section of about 8 km from the 2337-4-ro Gyeong-gu, Gyeonggi-gu, Yangyang-gun, to the defective bus terminal parking lot in the same Gun, while under the influence of alcohol by 0.15%.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the ability to drive without a license, was sentenced to a suspended sentence for the same kind of crime, but has not committed the crime in this case, and the defendant was sentenced to a heavier sentence for the defendant due to a considerable amount of the suspension of the sentence under Article 55(1)3 of the Criminal Act.