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 June 9, 2003, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 1 million for a violation of the Road Traffic Act and for a violation of the Road Traffic Act (non-licensed driving), for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on August 16, 2006, the summary order of KRW 4 million for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on September 21, 2006, and for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on September 21, 2006, the summary order of KRW 3 million for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on January 2, 2015.
On November 18, 2015, the Defendant, as seen above, driven a DM GT car in the state of under the influence of alcohol content of 0.085% without obtaining a driver’s license for a vehicle with approximately five-meter section from the front of the Seoyang-dong Daejeon-dong, Daejeon to the Taedong-dong parking lot in the same seat, from around November 18, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the result of regulating driving of drinking alcohol;
1. Application of the Acts and subordinate statutes stated in the investigation report (former and attachment of the summary order);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. To take into account the drinking, the drinking volume of the instant drinking, the reflectivity, and the crime during the suspension of execution due to the crime of immigration offense, which are repeated continuously for the reason of sentencing under Article 62-2 of the Social Service Order Act;