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 September 13, 2013, the Defendant was issued a summary order of KRW 5,500,000 for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. In order to obtain a summary order on September 13, 2013, on August 19, 2016, the Defendant issued a summary order of KRW 2,00,000 for the violation of the Road Traffic Act (the summary indictment date is May 31, 2016).
From June 7, 2016 to July 26, 2016, the Defendant was under the influence of alcohol at around 00:51 on July 14, 2016, and at least 0.086% on the blood alcohol concentration, the Defendant driven a d highest typ vehicle from the section of about 100 meters from the first road of the same “Sari-si Tri-si Tyri-gu Tyri-si Tyung” to the front road of the same “Sari-si Tyri-si Tyri-si Tyung”.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record indicated on the circumstantial report of a driver and the register of driver's licenses;
1. A statement on criminal records, etc.;
1. Application of investigation records and case search Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and
3. A suspended sentence of two years for eight months in imprisonment with prison labor for a decision of sentence (the circumstances of the crime and the drinking practice, the driving without a license, the criminal records and relationship of the criminal defendant, his age, character, conduct and criminal records, etc.);