도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten 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 June 5, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on March 25, 2009, to a summary order of two million won for the same crime from the Suwon District Court's Ansan Branch, which was sentenced to a suspended sentence of six months on April 6, 2012 by the same court.
On August 3, 2013, around 19:40 on August 3, 2013, the Defendant driven CK5 cars while under the influence of alcohol content of 0.083% without a car driver’s license from approximately 3 km section in around the same 1596-4.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial report on the driver and the report on detection of the driver;
1. License register;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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 each sentence of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act has three times the previous sentencing reasons, which has been punished for drunk driving, and the quality of the crime is very poor in that the defendant drives under the influence of alcohol in the condition of re-licensed driving during the probation period: Provided, That it is not good that the defendant has a health condition, such as taking kneeless surgery, the defendant's family members appeal their wife, and the execution of imprisonment is suspended only once in consideration of all other circumstances.