도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On May 29, 2009, the Defendant was sentenced to a fine of KRW 3,00,000 for a violation of the Road Traffic Act (driving) at the Incheon District Court on the grounds of the violation of the Road Traffic Act, etc., and on June 28, 2007, the Defendant violated the prohibition provision of drinking driving by being sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 28, 2007, on more than two occasions.
around 00:15 on November 3, 2013, while under the influence of alcohol content of 0.14%, the Defendant driven approximately 200 meters on the front road of a tobacco household school located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seocheon-gu, Seoul, as a motorcycle, at approximately 50 meters on the front road of a tobacco household located in the Changcheon-dong, Seodaemun-gu, Seoul.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of two-wheeled automobile at 5 F125 cc.
No two-wheeled motor vehicle not covered by mandatory insurance shall be operated on a road.
Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Making a report on the control of drinking driving;
1. Certificates of transfer of two-wheeled automobiles:
1. Photographs;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), and application of each statute of the judgment;
1. Article 148-2(1)1 of the Road Traffic Act, Articles 148-2(1)1 and 44(1) of the Act on the Protection of Automobile Accident Compensation (amended by Act No. 12987, Jan. 6, 2015); Article 46(2)2 of the former Guarantee of Automobile Accident Compensation (amended by Act No. 12987, Jan. 6, 2015); the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is more severe than that provided for in the Road Traffic Act and the punishment is added up and the long-term punishment of the above two crimes];
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act: