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 April 2, 2012, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on April 2, 2012, and on September 2, 2016, the Defendant issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 2, 2016, and violated Article 44(1) of the Road Traffic Act twice.
On February 3, 2017, around 01:35, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.124%, without obtaining a driver’s license, from the same hot spring zone from the subway parking lot of Busan Dong-dong, Busan, to the front road of the department store, at approximately 300 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (i.e., that a defendant has committed a misunderstanding and has not committed a second offense in the future as a result of his/her misunderstanding, and that there exists no past record of punishment heavier than a fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;