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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 20, 2007, the Defendant was notified by the Jeju District Court of a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act, and on November 20, 2009, the above court received a summary order of KRW 4 million for the same crime, etc.
On July 29, 2014, the Defendant, without obtaining a driver’s license at around 21:10, driving a franchison vehicle B at the section of approximately 100 meters from the front day of the “batonel” in the Seopo-dong 586-3, Seopo-dong, Seopo-si, with a blood alcohol concentration of 0.196%, to the front day of the “baton frequency” located in Seopo-dong 579-3.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;
1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. An order to attend a lecture: A sentence is determined as ordered in consideration of all the following circumstances with the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc.: The fact of a crime is recognized; the fact of a crime is recognized; the fact that there is no criminal record exceeding a fine and there is no record of criminal punishment for the same crime since 2009; the fact that there is no record of obtaining a license after the driver's license was revoked on August 19, 2007; and the fact that there is no record of obtaining a license after a crime is revoked. It is so decided as per Disposition on the grounds that the circumstances before and after the crime (the occurrence of a traffic accident that shoots another person from among the vehicles) and the occupation, family relations