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
[criminal power] On September 8, 2008, the Defendant issued a summary order of KRW 1 million for a fine of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on October 30, 2008, a summary order of KRW 1 million for a violation of the Road Traffic Act (free license) at the Incheon District Court on June 7, 201, and a summary order of KRW 2 million for a violation of the Road Traffic Act (free license) at the Incheon District Court on June 7, 2011, respectively. On March 27, 2015, the Defendant issued a summary order of KRW 8 million for a violation of the Road Traffic Act (free license) to the Incheon District Court on March 27, 2015.
【Criminal Facts】
On February 27, 2015, the Defendant, without a Class 2 driver’s license of a small-sized motor vehicle on 13:55, driven a two-wheeled motor vehicle from approximately 500 meters in the section B, B,50cc, from the front side of the iron shop in Seo-gu Incheon Metropolitan City to the tent located in the same Dong, with a blood alcohol content of 0.182%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, etc. (Attachment to summary orders, etc.);
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 Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect in depth on criminal conduct);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;